Mallika vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.2369 of 2022 of Kottyam East Police Station, alleging offences punishable under Sections 511 and 379 of the Indian Penal Code, 1860. During the course of investigation the Section has been altered to Section 393 of the Indian Penal Code, 1860.

According to the prosecution, on 06.12.2022 the accused while travelling in a bus inserted his hands inside the shoulder bag of the defacto complainant and tore the zip of the inner pouch and attempted to steal Rs.12,000/- and thereby committed the offences alleged.

Sri.Ajaya Kumar G, the learned counsel for the petitioner contended that, the entire prosecution case is false and that the incident as alleged had not occurred. The learned counsel also contended that petitioner was arrested on 06.12.2022 and has been in custody since then. It was further submitted that petitioner is willing to abide by any conditions that may be imposed.

Smt.  M.K.Pushpalatha,  the  learned  Public  Prosecutor opposed the grant of bail and submitted that, even though the final report was filed on 31.12.2022 the petitioner ought not to be released on bail since there is every chance to repeat the offences.

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 06.12.2022, 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.

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 co-operate with the trial of the case.

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

(d) Petitioner shall not commit any similar offences while she 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.