Shailesh Kumar vs State Of Kerala

P.G. Ajithkumar, J

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

The petitioner is the 1st accused in Crime No.302 of 2023 of Vadanappally Police Station. He allegedly had committed the offence punishable under Section 379 read with Section 34 of the Indian Penal Code, 1860.

The case of the prosecution is that during the period from 01.10.2022 till 03.04.2023, the petitioner, who is the 1st accused along with the 2nd accused had stolen steel/iron articles worth Rs.10 lakhs from the construction site of one SELMEC Engineering Company at Thirthallur. The said company was undertaking the construction work of National Highway-66. The petitioner along with the co-accused dishonestly took away the articles in a pick-up van bearing Reg.No.KL-46-F-3183.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserves only to be dismissed.

No doubt, the offence alleged against the petitioner is serious in nature. It is seen that investigation in the matter has been progressed considerably. The petitioner was arrested on 04.04.2023 and ever since he has been in custody. It is seen that he did not involve in any other similar offence. It appears that the 2nd accused is yet to be arrested. However, considering the nature of offence, that shall not be a reason to deny bail to the petitioner, who has been in judicial custody for more than one month. Considering the aforesaid aspects and also the nature of the offence, I am of the view that further detention of the petitioner pending investigation and trial is unnecessary. Therefore, the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) The petitioner shall not influence or intimidate witnesses or tamper with evidence;

(ii) The petitioner shall appear before the investigating officer as and when called for until filing the final report;

(iii) During the period of bail, petitioner shall not get involved in any other offence;

(iv) The petitioner shall surrender his passport before the learned Magistrate, and if he does not have a passport, he shall file an affidavit stating that fact.; and

(v) The petitioner shall not enter the territorial limits of jurisdictional court, except to comply with the aforementioned conditions, till filing of the final report.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.