Vivek vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioners are accused Nos. 1 and 2 in Crime No. 890/2022 of Thoppumpady Police Station, Ernakulam District registered alleging commission of offences punishable under Sections and 511 and 380 of the Indian Penal Code.

The prosecution case in brief is that, accused persons to commit theft, on 30.10.2022 at 11.30 p.m, illegally entered into the shop of defacto complainant at Patel Nagar road and tried to steal scrap from the shop and thereby the accused have committed the alleged offences.

Petitioners submitted that they have been in custody from 31.10.2022 onwards. The investigation is almost over and the further detention of the petitioners is not required for the purpose of the investigation.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioners entered into the shop of the defacto complainant and took away steel scrap kept in the shop and thus committed the offence and further that the petitioners have other criminal antecedents.

Considering the facts and circumstances of the case and taking into consideration the detention of the petitioners from 31.10.2022 onwards, I am inclined to grant bail to the petitioners, but taking note of the criminal antecedents, the same shall only be on stringent conditions.

In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail subject to the following stringent conditions:

(i) The petitioners shall execute 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 jurisdictional court.

(ii) The petitioners shall appear before the investigating officer in Crime No. 890/2022 of Thoppumpady Police Station on all Saturdays at 11.00 a.m. for a period of six months.

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in the above said crime.

(iv) The petitioners shall not involve in any other crime while on bail.

(v) The petitioners shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 890/2022 of Thoppumpady Police Station may file an application before the jurisdictional court, for cancellation of bail.