Libin John Bright vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.1451/ 2023 of the Kuruavilangadu Police Station, Kottayam, registered against the petitioner for allegedly committing the offence punishable under Section 379 of the Indian Penal Code. The petitioner was arrested on 14.10.2023.

The gist of the prosecution case is that: on 10.10.2023 at about 11.30 p.m., the accused had stolen a motorcycle bearing registration No. KL 40 P 2711 belonging to the father of the de facto complainant. Thus, the accused has committed the above offence.

Heard; Sri. Sandeep R.N., the learned counsel appearing for the petitioner and Sri.C.S. Hrithwik, the learned Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against him. He is falsely implicated in the crime. He has been in custody since 14.10.2023. The investigation in the case is practically complete and the final report has already been laid. The petitioner’s further detention is unnecessary. Hence, the application may be allowed.

The learned Public Prosecutor opposed the application. Nonetheless, he conceded to the fact that the investigation in the case is complete, recovery has been effected and the final report has been laid on 30.10.2023 and the case is now registered as C.C. No. 937/2023 and is pending before the Judicial First Class Magistrate -I, Pala.

On a consideration of the materials placed on record, particularly taking note of the fact that petitioner has been in custody since 14.10.2023 and the final report has  been  laid, I  am  of  the  definite  view  that  the petitioner’s continued detention is unnecessary. Hence, I am inclined to release the petitioner on bail, but subject to stringent conditions.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. And he shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].