Thanzeer vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is the sole accused in Crime No.638/2022 of Ernakulam Town South Police Station, alleging commission of offences punishable under Sections 341, 384 and 392 of the Indian Penal Code.

The prosecution allegation is that, on 27.04.2022 at 1.00 PM, the accused trespassed into the flat No.13 E of Chakkolas Habitat at Thevara, where the defacto complainant is residing and stolen away the mobile phone worth Rs.4000/- and a purse belongs to the defacto complainant containing driving license and ATM card of the State Bank of India. Then the accused had threatened the defacto complainant to implicate him in narcotic cases and also threatened that he will destroy the flat belongs to the defacto complainant and made him to pledge his gold chain weighing 1.5 sovereigns for Rs.30,000/- and thereby committed the above said offences.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is in custody from 24.05.2022 onwards.

The learned Public Prosecutor seriously opposed the application for bail mainly for the reason that the petitioner is involved in several other criminal cases. It is also submitted that the charge sheet is already laid in the present case.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 24.05.2022 onwards and that the charge sheet is already laid, I am inclined to grant bail to the petitioner, but taking note of the criminal antecedents of the petitioner, the same shall be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

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

(ii) Petitioner shall appear before the investigating officer in Crime No.638/2022 of Ernakulam Town South Police Station on every Saturday at 11 am, until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.638/2022 of Ernakulam Town South Police Station;

(iv) The petitioner shall not enter the local limits of the Ernakulam Town South Police Station for a period of four months, except for the purpose of complying with condition No.(ii) above or for complying with any court proceedings;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.638/2022 of Ernakulam Town South Police Station may file an application before the jurisdictional court, for cancellation of bail.