Junaid V.P vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in Crime No.117/2021 of Chevayur Police Station, Kozhikode District, which is now pending as C.C.No.637/2022 of Judicial First Class Magistrate Court-I, Kozhikode. The offences alleged against the petitioner are under Section 392 r/w Section 34 of the Indian Penal Code, 1860.

The prosecution allegation is that on 03.03.2022, Petitioner along with two accused came in a motor cycle and snatched away the gold chain of the defacto complainant and thereby, committed the offences alleged.

Sri.Muhammed Noushique, learned Counsel for the petitioner contended that the petitioner is innocent of the allegations and that the continued detention is not necessary in the case, especially since, the final report was filed on 12.05.2022. It was also pointed that though petitioner is alleged to be involved in similar other crimes, the police is arraying him as an accused in crimes of similar nature occurring in the locality.

Sri.K.A.Noushad, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that the petitioner was arrested on 01.05.2022. It was further submitted that the petitioner was involved in four other crimes of a similar nature, and that he has been convicted in two cases and acquitted in one while another case is pending consideration.

Having regard to the circumstances, though the allegations are serious in nature, and despite the petitioner has criminal antecedents, I am of the view that to enable the petitioner to contest the trial on merits, releasing him on bail is necessary, especially since he has been in custody, since 01.05.2022. Accordingly, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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 co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.