Sanumon vs State Of Kerala

Mohammed Nias C.P., J

The petitioner is the 4th accused in Crime No. 526/2023 of Muttom Police Station, for having committed offences punishable under Sections 379, 381, 414 and 471 r/w 34 of IPC.

The allegation against the petitioner is that, on 14/07/2023 at 1.30 a.m., the petitioner along with three others committed theft of the JCB bearing registration No.KL-05-AC-2560 worth ₹15,00,000/- from the compound of Chavarattu Hollow Bricks at Sankarapally Bhagam, Muttom Kara in Muttom Village. Thereafter they affixed fake number plate on it and the same was taken to Valayur to be dismantled and sold and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 17/07/2023 and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the nature of the offences committed by the petitioner and the fact that petitioner is in custody from 17/07/2023, also since there is no apprehension raised by the prosecution that if he is released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. Taking into account the fact that the petitioner has been arrested on 17/07/2023 and the Charge Sheet has been filed on 31/08/2023, I am inclined to grant bail on conditions.

Accordingly, this application is allowed and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when required to do so.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not involve in any other crime while on bail.

(v) If any of the conditions is violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.