Mahesh R vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the first accused in Crime No.78/2023 of Kuruppampady Police Station, Ernakulam District now pending as C.C.No.441/2023 on the files of the Judicial First Class Magistrate Court-III, Perumbavoor. The offences alleged against the petitioner are under Sections 457, 461, 380 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 08.02.2023 accused Nos.1 and 2 trespassed into the house of the defacto complainant by breaking open the back door of the house and committed theft of a samsung mobile phone and two watches apart from gold ornaments and bags and thereby committed the offences alleged.

Sri.Johny C.D., the learned counsel for the petitioner submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was submitted that petitioner was arrested on 09.02.2023 and that he has been in custody since then. It was further submitted that the final report was filed and cognizance has already been taken and therefore no purpose would be achieved by continuing the detention of the petitioner.

Sri.Manu P.G., the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations against the petitioner are serious in nature

I have considered the rival contentions.

After appreciating the arguments of the learned counsel and on perusing the materials on record, I am of the prima facie view that the allegations are serious and that there are materials to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 09.02.2023, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed.

Therefore, the petitioner is entitled to be released on bail on strict conditions.

In the result, 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