Muhammed Yahiya 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.

Petitioner is the accused in Crime No.823/2022 of Anchal Police Station, Kollam Rural. The offences alleged against the petitioner are under Sections 454 and 392 of the Indian Penal Code, 1860.

According to the prosecution, on 25.06.2022 at 5 pm, petitioner trespassed into the house of the defacto complainant and snatched the imitation gold ornaments worn by the defacto complainant and thereby committed the offences alleged against him.

Sri.Manoj Ramaswamy, learned Counsel for the petitioner submitted that the entire prosecution case is falsely foisted against the petitioner and that he is totally innocent.

Smt.M.K.Pushpalatha, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that the allegations against the petitioner are serious in nature, and that if the petitioner is released on bail, it will cause prejudice to the investigation.

The allegations against the petitioner are serious in nature. However, taking note of the circumstances that the petitioner was arrested on 29.06.2022, I am of the view that the continued detention of the petitioner is not required in the nature of allegations. Therefore, the petitioner is entitled to be released on bail.

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

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

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.