Mohammed Ajarudheen 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.116/2024 of the Thanur Police Station, which was originally registered as crime No.568/2023 of the Railway Police Station, Kozhikode, for allegedly committing the offence punishable under Section.379 of the Indian Penal Code. The petitioner was arrested on 23.12.2023.

The crux of the prosecution case is that: on 23.12.2023 at around 18.30 hours, the railway Police seized three mobile phones from the accused who was on the platform of the Kozhikode Railway station. The mobile phones  are  stolen  properties. Thus, the  accused  has committed the above offence.

Heard; Sri.M.Devesh, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Public Prosecutor.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime.

The crime has been registered solely on the basis of suspicion. There is no complaint lodged by anyone regarding the stealing of the mobile phones. At any rate, the petitioner has no criminal antecedents and he has been in judicial custody since 23.12.2023, which is more than 54 days. The recovery has been effected and the investigation is complete. Hence, the petitioner may be released on bail.

The learned Public Prosecutor opposed the application. She contended that the petitioner hails from the State of Bihar. He has no roots in Kerala. Nonetheless, she conceded to the fact that the investigation in the case is complete, recovery has been effected and final report has been laid and that the petitioner has no criminal antecedents.

On an anxious consideration of the facts, the materials placed on record, the rival submissions made across the Bar, especially taking into account the fact that the petitioner does not have any criminal antecedents, that the investigation in the case is  complete, recovery has been effected and final report has been laid and further the petitioner has been in judicial custody since 23.12.2023, I am of the view that the petitioner’s continued detention is not necessary. Hence, I am inclined to allow the bail application, but subject to the following conditions:

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (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 Tuesdays and Saturdays between 9 a.m. and 11 a.m for a period of three months. 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;

(v) 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;

(vi) The petitioner shall furnish his present address as well as his permanent address and mobile phone number to the court below and the Investigating Officer;

(vii) 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.

(viii)Applications for deletion/modification of the bail conditions shall also be filed before the court below.