Haseena vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.987/2022 of Ernakulam Central Police Station alleging offences punishable under Sections 342 and 394 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 08.08.2022, the accused 1 to 4, in furtherance of their common intention to commit robbery, confined the defacto complainant in a lodge and robbed him of his gold ornaments and mobile phone and thereby committed the offences alleged.

Sri.M.J.Santhosh, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was also submitted that the petitioner has been in custody since 23.08.2022 and that she is 8 months' pregnant with due date on 22.11.2022. It was also submitted that the petitioner is willing to abide by any condition that may be imposed.

Smt.Seetha S., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious in nature and that even though the petitioner has no antecedents, the continued detention is essential, as otherwise she may tamper with the evidence and influence the witnesses. It was further submitted that even though, as of now no criminal antecedents has been noticed, the fingerprint of the petitioner has been sent for forensic examination to the laboratory and the results are awaited.

Having regard to the circumstances and especially the stage of pregnancy of the petitioner, I am of the view that continued detention is not essential. Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence or contact the defacto complainant or his family members.

(d) Petitioner shall not commit any similar offences while she is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.