Rajesh @Kochi Rajesh vs State Of Kerala

Ziyad Rahman A.A., J

This is an application for regular bail.

The  petitioner  is  the  accused  in  Crime  No.647/2023  of Mattancherry Police Station, Ernakulam District. The offences alleged against the petitioner are under Sections 457 and 380 of the IPC.

The prosecution case is that, 25.04.2023 at 5.10 am, the petitioner broke open the kitchen and store room of Illikkal Sree Subramanyaswami Temple near Chakkamadam Junction, Mattancherry Village and committed theft of a gold necklace weighing 5.4 grams., crown weighing 6.6. grams, Tripunjakam bindi weighing 0.600 gms and certain other gold ornaments, having a total value of Rs.60,000/-.

The crime was registered in such circumstances and the petitioner was arrested on 03.05.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Smt.Habeeba Moosa, the learned counsel appearing for the petitioner and Sri.Hrithwik, C.S, the learned Senior Public Prosecutor appearing for the State.

I have carefully gone through the records. There are specific materials indicating the role of the petitioner. The learned Public prosecutor also pointed out that the petitioner is involved in three other cases and the details of the same are as follows:

Crime No.638/2022 of Aroor Police Station under Sections 452, 461 & 380 of IPC.

Crime No.238/2023 of Kalady Police Station under Section 380 of IPC.

Crime No.311/2023 of Thiruvalla Police Station under Sections 457, 380 and 46 of IPC.

However, it is a fact that the petitioner has been in judicial custody since 03.05.2023. Now, the investigation in this case is already over and final report is submitted. The trial of the case is likely to take some time. In such circumstances, I am of the view that, further incarceration of the petitioner is not warranted. Therefore, the petitioner can be granted bail, with stringent conditions to ensure that the petitioner has to cooperate with the trial.

Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to the 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 for the like sum each to the satisfaction of the jurisdictional Court.

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

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

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

v) The petitioner shall not leave India 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.