Sudhi Minraj vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 5th accused in Crime No.675/2022 of Melukkavu Police, Kottayam District. The offences alleged against the petitioner are under Sections 120B, 452, 436, 427, 506(i), 212 and Section 109 r/w Section 34 of the Indian Penal Code. 1860.

According to the prosecution, on 16.07.2022 at 12.30 am, the 5th accused along with other accused tresspassed into the house of the defacto complainant and destroyed the car and a motor cycle parked in the compound, causing huge loss to the defacto complainant and the accused committed the offences.

Sri.Sachin Ramesh, learned Counsel for the petitioner contended that the entire prosecution allegations are false and since the petitioner has been in custody since 18.07.2022, petitioner ought to be released on bail.

Sri.K.A.Noushad , learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and the petitioner is involved in other crimes. It was also submitted that even though the final report was filed on 20.09.2022, releasing the petitioner on bail at this juncture would cause prejudice to the prosecution case.

I have considered the rival contentions.

Considering the period of detention undergone by the petitioner, I am of the view that, even though the allegations are serious, the continued detention is not essential, especially since the final report has already been filed.

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 enter into the jurisdictional limits of Melukkavu Police Station, Kottayam till the conclusion of trial.

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

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

(f) 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.