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Judgment
11 paragraphs · 378 wordsViju Abraham, J
This is an application for regular bail.
The petitioner is accused No.5 in Crime No.471/2022 of Thrikakkara Police Station alleging commission of offence punishable under Section 457, 461, 380 of Indian Penal Code.
The prosecution allegation is that, the accused persons committed lurking house trespassed with the intention to commit theft and that they entered into the house of the defacto complainant, at Thrikkakara North Village, Thrikkakara Kara at an intervening hours of 6.30 am, on 13/05/2022, and 07.00 am on 20/05/2022 and they opened the almirah and committed theft of 15 sovereigns of gold ornaments worth Rs.6,50,000/-, Sony VAIO Laptop worth Rs. 10000/-, MI Mobile Phone worth Rs.2000/- and some Pooja articles worth Rs.8000/- and an amount of Rs.6000/-totally worth Rs. 6,76,000/- and thus the accused persons thereby committed the aforesaid offences. The specific prosecution allegation as against the petitioner is that he has received a portion of the stolen property and sold to a jewellery by name 'Nakshathra Jewellery'.
4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 22.05.2022 and he is in custody since then.
The learned Public Prosecutor, upon instructions, submitted that the petitioner has no other criminal antecedents.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 22.05.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. 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) Petitioner shall appear before the investigating officer in Crime No.471/2022 of Thrikakkara Police Station on every Saturday at 11 am, until filing of final report;
(iii) 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.471/2022 of Thrikakkara Police Station may file an application before the jurisdictional court, for cancellation of bail.