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Judgment
43 paragraphs · 357 wordsThe petitioner herein is the sole accused in Crime
No.492/2017 of the Pariyaram Medical College Police
Station registered under Sections 393 and 354 of the Indian
Penal Code. He seeks regular bail under Section 439 of
the Code of Criminal Procedure. The application filed by
him for regular bail was dismissed by the learned Sessions
Judge, Thalassery on 11.10.2017. The petitioner has been
in judicial custody since 15.09.2017.
The prosecution case is that at about 8.30 a.m
on 15.9.2017, the petitioner made an attempt to snatch
away a gold chain from the possession of the de facto
complainant, and when she resisted, the petitioner used
criminal force against her to carry out the robbery intended
by him. However, the petitioner failed in his attempt, and
he ran off and escaped when people gathered there on
hearing the complainant''s hue and cry.
It is submitted by the learned Public Prosecutor
that investigation is over and the Police has submitted final
report in court. If so, continued detention of the petitioner is
felt not necessary. He can be released on bail on
appropriate conditions.
In the result, this application for bail is allowed. The
petitioner will be released on bail on his executing a bond
with two solvent sureties for 40,000/- (Rupees Fourty
thousand only) each to the satisfaction of the court below
having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the
Circle Inspector of Police, Thaliparambu between
10.00 a.m and 11 a.m on all Mondays for a period
of two months.
b. The petitioner shall not enter the limits
of the Pariyaram Medical College Police Station
for two months.
c. The petitioner shall not in any manner
influence or intimidate the witnesses and he shall
not have any contact with the material witnesses
directly or over telephone or otherwise.
d. The petitioner shall not involve in any
offence of similar nature like theft, or robbery, or
dacoity till trial of the case is over.
Forward a copy of this order to the Circle Inspector of
Police, Thaliparambu who will report compliance of the
conditions, directly to the court below.