Imran Shafi vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No. 1061 of 2021 of Karagod Police Station, Kasaragod District, alleging commission of offences under

Sections 381, 411, 413 & 120(B) of the Indian Penal Code.

The allegation against the petitioner is that he along with the 1st accused, who was working as Assistant Sales Manager of M/s Sulthan Gold

Jewellery, situated at Kasaragod, committed theft of 133 diamond studded gold ornaments having a total value of Rs.2,88,64,153/- and thereafter,

pledged the same with different financial institutions. It is also alleged that certain gold ornaments have been sold.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is submitted that the petitioner has been roped in only on

account of the fact that he is the brother of the 1st accused. It is further submitted that the petitioner has been in custody from 10.12.2021 and his

continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor opposes grant of bail. It is submitted that certain quantity of gold ornaments remains to be recovered. It is further

submitted that the petitioner is not cooperating with the investigation and hence, the recovery of the remaining gold ornaments could not be effected. It

is further submitted that the petitioner is not entitled to be released on bail.

Having regard to the facts and circumstances of the case and considering the fact that substantial quantity of the gold ornaments has already been

recovered and considering the fact that the petitioner has been in custody for 69 days, I am of the opinion that the petitioner can be released on bail

subject to the condition that he shall cooperate with the investigation in every manner and shall report before the investigating officer to enable the

completion of investigation in a proper manner.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a)The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

(b)Petitioner shall appear before the investigating officer in Crime No. 1061 of 2021 of Karagod Police Station, Kasaragod District, everyday at 10.00 am till the filing of

final report;

(c) The petitioner shall not leave Kasaragod District without obtaining orders from the jurisdictional court;

(d)The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 1061 of 2021 of

Karagod Police Station, Kasaragod District;

(e) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 1061 of 2021 of Karagod Police Station, Kasaragod District, may

file an application before the jurisdictional court for cancellation of bail.