Muthali Ammal vs State Of Kerala

Ziyad Rahman A.A., J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the 2nd accused in Crime No.335 of 2023 of Mananthavady Police Station. The offences alleged against the petitioner are under Sections 392 and 414 r/w 34 of IPC.

Prosecution case is that, on 05.04.2023 at 13.40 hours on the public road near Beauty Gold Mark at Mysore road, while the de facto complainant was proceeded towards Mananthavady, the 1st accused came in a motor cycle bearing registration No.KL 01 AW 5476 and snatched away her gold chain weighing 3 sovereigns. The petitioner/2nd accused received the said gold chain knowing the same as stolen property and thus voluntarily assists the 1st accused in concealing the chain. It is also stated that the vehicle used was registered in the name of the petitioner. Petitioner was arrested on 06.04.2023 as part of the investigation and since then she is under judicial detention. This application for regular bail is submitted in such circumstances.

Heard  Sri.Suraj  Kumar,  learned  counsel  for  the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. She was falsely implicated in this case and the materials available on record are not sufficient to implicate the petitioner in the crime. Now the investigation is already over, final report submitted and therefore, no purpose in keeping the petitioner under detention, contends the learned counsel for the petitioner.

On the other hand, the learned Public Prosecutor would oppose the aforesaid application pointing out that, as against the 1st accused there are nine other cases of similar nature and the petitioner is the close aid of the 1st accused. Therefore, dismissal of the bail application was sought.

However, it was confirmed that the final report has been submitted in this case. I have gone through the records. It is true that there are some allegations against the petitioner. It is also the submission of the learned Public Prosecutor that the 1st accused is a habitual offender and the petitioner is a close aid of the 1st accused.

However, the fact remains that the petitioner is in custody since 05.04.2023 and the final report is already submitted. The trial of the case is likely to take some time. As of now no criminal antecedents of the petitioner herein was brought to my notice. In such circumstances, I do not find any necessity of further incarceration of the petitioner herein.

Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to following conditions:

(i) The petitioner shall be released on bail on 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 jurisdictional Court.

(ii) The petitioner shall appear before the trial court as and when required.

(iii) The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of similar nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.