Immanuel vs State Of Kerala

V.G.Arun, J

The petitioner is the 1st accused in Crime No.520 of 2023 of Irinjalakuda police station, registered for the offences punishable under Sections 392 read with 34 of the Indian Penal Code.

The crime is registered alleging that, on 07.04.2023, at about 4.30 p.m, the petitioner along with the 2nd accused came from the behind the defacto complainant in a motor cycle and snatched her gold chain. The petitioner was arrested on 12.04.2023 and is continuing in custody. His earlier application for bail was rejected as per Annexure A2 order dated 19.05.2023.

Learned counsel for the petitioner submitted that 51 days have been elapsed after the petitioner’s arrest and the investigation being complete, no purpose is served by the petitioner’s continued incarceration. Moreover, the 2nd accused was granted bail on 19.05.2023.

Learned Public Prosecutor submitted that the petitioner is involved in another crime, registered for offences under the NDPS Act and hence, there is a possibility of the petitioner getting involved in other offences, if he is enlarged on bail.

Considering that the petitioner has been in custody for more than 50 days and the investigation is almost complete, I am inclined to grant bail to the petitioner, subject to the stringent conditions. Accordingly, the following order is passed:

i) The petitioner shall be released on bail on executing a bond for ₹ 50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court.

ii) The petitioner shall appear before the Station House Officer, Elamakkara police station, within the limits of which the petitioner is residing, every Monday between 10.00 a.m and 11.00 a.m until the final report is filed

iii) The petitioner shall not leave the State without obtaining prior permission from the Station House Officer, Elamakkara Police Station.

iv) The petitioner shall not get involved in any other offence while on bail.

If any condition is violated, the Investigating Officer can approach the jurisdictional court and seek cancellation of bail.