Mohammed Sajid vs State Of Kerala

P.G. Ajithkumar, J

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

The petitioner is the accused in Crime No.205 of 2023 of Vellur Police Station. He allegedly had committed the offences punishable under Sections 454 and 380 of the Indian Penal Code, 1860.

The prosecution allegation is that at about 3.00 p.m. on 21.02.2023, the petitioner entered into the grocery shop of the defacto complainant which is situated at Averma Kara in Mulakkulam village and had stolen an amount of Rs.30,000/- which was kept in a cloth bag beneath the table kept in that shop room.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserves only to be dismissed.

The petitioner has been in custody since 24.02.2023. No doubt, the offences alleged against the petitioner is serious in nature. It is seen that investigation in the matter has been progressed considerably. Considering the aforesaid aspects and also the nature of the offence, I am of the view that further detention of the petitioner pending investigation and trial is unnecessary, especially when there is no allegation that he had involved in similar crimes before. Therefore the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) The petitioner shall not influence or intimidate witnesses or tamper with evidence;

(ii) Petitioner shall appear before the investigating officer as and when called for until filing the final report;

(iii)During the period of bail, petitioner shall not get involved in any other offence.

(iv) The petitioner shall surrender his passport before the learned Magistrate, and if he does not have a passport, he shall file an affidavit stating that fact.

(v) The petitioner shall not leave the territorial limits of jurisdictional court till the conclusion of the trial in the case, without obtaining permission from that court.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.