Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE12H DAY OF NOVEMBER201321ST KARTHIKA, 1935 Bail Appl..No. 7293 of 2013 (E) ------------------------------------------- [CRIME NO. 1305/2013 OF PUTHUNAGARAM POLICE STATION , PALAKKAD DISTRICT] .................. PETITIONERS/ACCUSED: ------------------------------------ 1. SASI, AGED25YEARS, S/O.APPU, NENMARAPADAM, VITHANASERRY DESAM, VALLANGHY VILLAGE, CHITOOR TALUK, PALAKKAD DISTRICT.
2. PRAMOD N., AGED27YEARS, S/O.NARAYANAN, NENMARAPADAM, VITHANASERRY DESAM, VALLANGHY VILLAGE, CHITOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.JAISHANKAR. RESPONDENTS/COMPLAINANTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, KOCHI - 31.
2. INSPECTOR OF POLICE, PUTHUNAGARAM POLICE STATION, PALAKKAD DISTRICT - 678 508. BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1211-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.BHAVADASAN, J.
--------------------------------------- Bail Application No.7293 OF2013--------------------------------------- Dated this the 12th day of November, 2013. ORDER
The petitioners are accused in Crime No.1305/2013 of Puthunagaram Police Station who are alleged to have committed the offence punishable under Section 379 read with Section 34 of Indian Penal Code. On 13.10.2013 at about 6.30 p.m, the petitioners are alleged to have come on a motorbike and in the attempt to snatch the necklace, they could get only the locket of the necklace. The petitioners were arrested on 17.10.2013 and since then they have been in custody.
2. The petitioners would say that they are innocent and have been falsely implicated in the matter. According to them, they have not committed any act as alleged and their continued custody is unnecessary.
3. Learned Public Prosecutor opposed the petition and pointed out that the investigation is still going on. B.A.No.7293/2013 2 4. After having heard the learned counsel for the petitioners, the learned Public Prosecutor and also after having perused the records, the claim of the petitioners that they are innocent may not be capable of acceptance. A probe into the veracity of the allegations is not warranted at this point of time. The fact remains that the petitioners have been in custody from 17.10.2013 onwards and a good part of the investigation as far as the petitioners are concerned must have been completed by now and it is conceded that the articles have been recovered. Since no apprehension is expressed by the investigating agency that if the petitioners are released on bail, they are likely to abscond, their continued custody appears to be unnecessary. The application is allowed on the following conditions: i) The petitioners shall be released on bail on their executing a bond for Rs.15,000/- (Rupees Fifteen thousand only) each with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him. B.A.No.7293/2013 3 iii) The petitioners shall report before the Investigating Officer on every Tuesday between 9 a.m and 10 a.m until further orders. iv) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to it in law. P.BHAVADASAN JUDGE smp