Lajitha 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 accused in Crime No.2496/2022 of Thrissur Town East Police Station, Thrissur, alleging offences punishable under Sections 328 and 379 of the Indian Penal Code 1860.

According to the prosecution, on 02.12.2022, the accused had after administering a drug to the defacto complainant, stole her gold chain weighing 1 ½ sovereigns and thereby committed the offences alleged.

Sri.E.Vijin Karthik, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred.

Sri.Noushad.K.A, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious, and that if the petitioner is released on bail, there is every chance that she may influence the witnesses.

I have considered the rival contentions.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 05.12.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed 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.

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.