Sidhik M.S vs State Of Kerala

Bechu Kurian Thomas, J.

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

Petitioner is the second accused in Crime No.78 of 2023 of Kuruppumpady Police Station, Ernakulam, District, now pending as C.C.No.441/2023 on the files of the Judicial First Class Magistrate Court-III, Perumbavoor. The offences alleged against the petitioner are under Sections 457, 461 and 380 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 08.02.2023 accused Nos.1 and 2 trespassed into the house of the defacto complainant by breaking open the back door of the house and committed theft of a Samsung mobile phone and two watches apart from gold ornaments and bags and thereby committed the offences alleged.

Sri.R.Divakaran Ramakrishnan, learned counsel for the petitioner, submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was submitted that petitioner was arrested on 09.02.2023 and that he has been in custody since then. It was further submitted that the final report was filed and cognizance has already been taken and therefore no purpose would be achieved by continuing the detention of the petitioner.

Smt.T.V.Neema, learned Public Prosecutor, opposed the grant of bail and submitted that the allegations against the petitioner are serious in nature. It was also submitted that the petitioner is involved in 30 other cases including theft cases and therefore, bail ought not to be granted.

I have considered the rival contentions.

After appreciating the arguments of the learned counsel and on perusing the materials on record, I am of the prima facie view that the allegations are serious and that there are materials to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 09.02.2023, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail on strict conditions.

In the result, this application is allowed 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 co-operate with the trial of the case.

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

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner  shall  not  leave  the  country  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.