Ikramul Haque vs State Of Kerala

A.Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, 1973 and the petitioner is the accused No.3 in crime No.750/2022 of Kunnathunadu Police Station, Ernakulam, where accused Nos.1 to 3 alleged to have committed offences punishable under Sections 457, 380 read with Section 34 of Indian Penal Code and the petitioner seeks regular bail.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

Perused the relevant documents placed by the learned Public Prosecutor form part of the Case Diary.

The prosecution allegation is that at about 01:00 a.m. on 11.11.2023, the accused herein in furtherance of their common intention, criminally trespassed upon the office of the Tile unit of the defacto complainant at Chelakulam – Kavungaparambu road and committed theft of two Laptops, one CDR drive, one Laptop bag and Laptop chargers etc. to the tune of Rs.60,000/- and, thereby, the prosecution alleges commission of the above offences.

While canvassing regular bail to the petitioner, who has been in custody from 15.11.2022, the learned counsel for the petitioner pointed out that the petitioner is a first time offender though accused Nos.1 and 2 are persons having criminal antecedents. According to the learned counsel for the petitioner, though the petitioner is a native of Assam, he is ready to abide by any conditions to be imposed by this Court as a prerequisite for the release of him, on regular bail.

Whereas, the learned Public Prosecutor submitted that the complicity of the petitioner in this case is well established and the case is now pending as C.C.No.5/2023 before the Judicial First Class Magistrate Court, Kolencherry. According to the learned counsel for the petitioner, if the petitioner will be released on bail, he would flee from trial and his presence for the purpose of trial could not be secured.

On perusal of the Case Diary materials, the complicity of the petitioner in this matter is well established and two Lenova Laptops, Laptop bag and Laptop charger were recovered and produced before the Jurisdictional Court as M.O.s.

Since the petitioner has been in custody from 15.11.2022 as first time offender, he can be enlarged on bail, on imposing stringent conditions to secure his presence for trial.

Therefore, the petitioner shall be released on bail by executing bond for Rs.75,000/- (Rupees Seventy Five Thousand Only) each by two solvent sureties from Kerala State by offering security of their property while executing the bond, by producing the relevant tax receipts. That apart, the petitioner shall produce his, Identity Card issued by the Election Commission of India or Aadhaar Card, with an attested copy of the same and also a letter from the S.H.O. of the police station, where he has been residing permanently, with his residential details and name of parents and siblings with contact number of the S.H.O., before executing the bond, in order to vouch and secure his presence for trial, after release on bail.

Accordingly, this petition stands allowed and the petitioner is enlarged on bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.75,000/- (Rupees Seventy Five Thousand Only) with two solvent sureties, from Kerala State by offering security of their property while executing the bond, by producing the relevant tax receipts. ii.the  petitioner  shall  produce  his Identity Card issued by the Election Commission  or  Aadhaar  card  with  an attested copy of the same and also a letter from the S.H.O. of the police station, where he has been residing permanently,  with  his  residential details  and  name  of  parents  and siblings with contact number of the S.H.O.,  before  executing  the  bond, in  order  to  vouch  and  secure  his presence for trial, after release on bail.

iii. The petitioner shall not intimidate the witnesses or tamper with evidence.

iv. The petitioner shall co-operate with the investigation and shall be available for trial. He shall appear before the Investigating Officer on every Tuesday in between 9 a.m and 12 noon, from the date of release on bail, for a period of two months or till the final report will be filed, whichever occur first.

v. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

vi. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vii.The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.