Manoj M vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.1055/2021 of Aranmula Police Station, Pathanamthitta District alleging commission of offences under Sections 392 read with Section 34 of the Indian Penal Code.

The allegation is that the petitioner along with 2nd accused threatened the de facto complainant with a knife and robbed her gold chain which was subsequently pledged at a financial institution and thereafter sold for a sum of Rs.48,160/-.

The learned counsel for the petitioner submits that the petitioner is innocent in the matter and he has been booked in only on the basis of suspicion. It is submitted that the petitioner is in custody from 14-10-2021 and at any rate the continued detention of the petitioner is not necessary for a proper investigation of the matter.

The learned Public Prosecutor on instructions would submit that the petitioner has been accused in yet another case involving a similar offence. It is submitted that the investigation in the matter is progressing and if at all bail is to be granted to the petitioner it must be subject to strict conditions to ensure that he does not interfere with the investigation in the matter.

Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted bail subject to conditions. Accordingly it is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall appear before the investigating officer in Crime No.1055/2021 of Aranmula Police Station on every Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.1055/2021 of Aranmula Police Station;

(iv) The petitioner shall not enter the local limits of the Aranmula police station where the de facto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1055/2021 of Aranmula Police Station may file an application before the jurisdictional Court for cancellation of bail.