Ravindra Pal Gautam vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the 3rd accused in crime No.1365/2022 of Kannur Town Police Station.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

Perused the Final Report and recovery mahazar. The prosecution case is that, in between 04.40 hours on 06.11.2022 and 16.40 hours on 07.11.2022, the accused Nos. 1 to 3 herein broke open the door of the house of the defacto complainant and trespassed upon the said house with intention of stealing. Thereafter, accused Nos. 1 to 3 had stolen away gold ornaments weighing 7.5 grams and Rs.4,000/- kept in the iron shelf. Further, they have stolen away 20 number of coconuts also from the courtyard of the house of the defacto complainant. Accordingly, crime was registered against the accused alleging commission of offences punishable under Sections 457, 461, 380 r/w 34 of the IPC.

The learned counsel for the petitioner submitted that, the petitioner is a native of Uttar Pradesh and he had no criminal antecedents. According to the learned counsel, though accused Nos. 1 and 2 are having criminal antecedents, the petitioner who is a first time offender, has been continuing custody from 08.11.2022, where Final Report also filed.

The learned counsel for the petitioner also submitted that, since the accused has been in custody for a period of 82 days, he may be released on bail. He is ready to furnish sureties from Kerala State, having properties in Kerala State, while executing bail bond.

The learned Public Prosecutor opposed the bail, highlighting seriousness of the offences.

On perusal of the Final Report, the allegation as regards to stealing of 20 numbers of coconut not raised in the Final Report and the allegation in the Final Report is confined to the other items viz. Gold ornaments weighing 7.5 grams as well as Rs.4,000/-. It is noticed that, the petitioner has no criminal antecedents and therefore he can be enlarged on bail, provided he shall furnish sureties from Kerala State as undertaken by the learned counsel for the petitioner. Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties and the sureteis shall be from Kerala State, having properties in Kerala State, each for the like amount to the satisfaction of the Special court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

vi. The petitioner shall not leave India without prior permission of the Jurisdictional Court.