Manoj vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioners are accused Nos. 1 and 2 in Crime No.615/2022 of Kunnikode Police Station, Kollam, alleging offences punishable under Sections 451 and 394 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 30.04.2022, at 6.15 p.m., the accused in furtherance of their common intention trespassed into the house of the defacto complainant and caught hold of her neck and after pushing her down snatched a gold chain weighing 22.280 gms and thereby committed the offences alleged.

Sri.P.Anoop (Mulavana), the learned counsel for the petitioners contended that the prosecution allegations are false. It was also submitted that the petitioners were arrested on 01.05.2022 and that continued detention is not required.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the final report was filed on 31.07.2022 and that the stolen articles were recovered.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioners were remanded to judicial custody on 01.05.2022, I am of the view that the continued detention of the petitioners 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 petitioners are entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall co-operate with the trial of the case.

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

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners 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.