Vysakh Raj vs State Of Kerala

Bechu Kurian Thomas, J.

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

Petitioner is the 5th accused in Crime No.354/2023 of Pulikeezhu Police Station, Pathanamthitta, alleging offence punishable under Section 395 of the Indian Penal Code, 1860.

According to the prosecution, the accused had, on 28.05.2023, committed theft of a Honda Activa scooter bearing Registration No. KL 27-H/9678, after pelting stones at the defacto complainant and thereby committed the offences alleged.

I have heard Sri. Sasith M.R, the learned counsel for the petitioner as well as Smt. Neema.T.V, the learned Public Prosecutor.

Though the allegations against the petitioner are serious in nature, since the stolen scooter has already been recovered, and the petitioner was arrested on 30.05.2023, I am of the view that, further detention is not essential for the purpose of investigation.

Accordingly, 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 appear before the Investigating Officer as and when required.

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 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.