Sasi @ Kavanadu Sasi vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioners are the 1st and 2nd accused in Crime No. 373 of 2021 of Alappuzha North Police Station, now pending as S.C. No. 358/2022 on the files of the Assistant Sessions Judge, Alappuzha alleging offences punishable under Sections 392, 411 and 413 read with Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 10.06.2021 at 20.25 hours, the accused in furtherance of their common intention, snatched the gold chain worn by CW1, who was standing on the road side and thereafter, the accused handed over the gold to the 3rd accused, who turn sold it to the 5th accused with the aid of the 4th accused and thereby the accused committed the offences alleged.

Smt. P.Mamatha, the learned counsel for the petitioners contended that, the prosecution allegations are false and that the petitioners are arrayed as accused in various cases without any basis. It was also submitted that the petitioners are willing to abide by any conditions that may be imposed.

Sri. Noushad K.A, the learned Public Prosecutor opposed the grant of bail and contended that, the prosecution allegations are serious in nature and that the petitioners are involved in 6 other crimes prior to the incident and that they have been arrayed as accused in 2 other crimes even after the incident involved in this case. It was also submitted that pursuant to the directions of this Court, the 5th accused had produced the gold chain and therefore, recovery has been effected.

I have considered the rival contentions. The allegations against the petitioners are serious in nature. However, since the arrest was recorded on 17.09.2021 and the stolen article has been recovered, I am of the view that the continued detention of the petitioners are not essential in this case. Therefore, the petitioners are entitled to be released on bail.

Accordingly, this bail application is allowed on the following conditions:-

(a) Petitioners shall be released on bail in Crime No. 373 of 2021 of Alappuzha North Police Station on them executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall co-operate with the trial of the case.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave the state of Kerala without the permission of the jurisdictional Court.

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.