AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
15 paragraphs · 381 wordsBechu Kurian Thomas, J.
This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.
Petitioner is the accused in Crime No.1060 of 2023 of Town North Police Station, Ernakulam district, alleging offences under Sections 379 and 201 r/w Section 34 of the Indian Penal Code, 1860.
According to the prosecution, on 07.04.2023, the accused 1 and 2 committed theft of a motor cycle bearing Registration No.KL-01/CE-5613, from the premises of Ernakulam Town North Railway Station after removing the number plate and sticker on the fuel tank and thus committed the offences alleged.
I have heard Sri.Mithun Baby John, the learned counsel for the petitioner as well as Sri.Smt.Sreeja V., the learned Public Prosecutor.
The learned Public Prosecutor submitted that details of the 2nd accused which is apparently known to the petitioner has not been divulged, the investigation is not able to be proceeded with. Apart from the above, it was also submitted that petitioner was not co-operating with the investigation.
Even though the petitioner is alleged to be withholding the details of the 2nd accused, that by itself is not a reason to detain the petitioner forever.
Already, petitioner has been in custody since 29.04.2023. The vehicle has also been recovered. Having regard to the stage of investigation, I am of the view that petitioner can be released on bail on conditions.
Accordingly, I allow this bail application 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.
(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.