Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE2D DAY OF JULY201411TH ASHADHA, 1936 Bail Appl..No. 4796 of 2014 () ------------------------------- CRIME NO. 300/2014 OF HARIPPAD POLICE STATION , ALAPPUZHA PETITIONER(S)/ACCUSED: ----------------------- SHAFI AGED22YEARS S/O.ASIM, SHAFI MANZIL, PULLIPACHA PULIPPARA MURI, KODACKAL VILLAGE. BY ADVS.SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S)/COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031. R BY PUBLIC PROSECUTOR: ADV. V S SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON02 07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.
========================= B.A.No.4796 of 2014 ============================ Dated this the 02nd day of July, 2014 ORDER
Petitioner is the first accused in Crime No.300 of 2014 of the Haripad Police Station for the offences punishable under Secs.457, 461 and 380 of the Indian Penal Code, his formal arrest was recorded on 13.05.2014, is in custody since then and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 02.03.2014 at about 11.30p.m, the petitioner and others trespassed into the house of the de facto complainant and committed theft of ornaments, scooter etc. It is also submitted that the petitioner is involved in Crime No.496 of 2014 registered by the Kadakkal police under Sec.102 of the Code of Criminal Procedure.
3. Learned counsel submits that Crime No.490 of 2014 has now merged in Crime No.300 of 2014. Petitioner was allegedly arrested under suspicious circumstances and the Kadakkal police registered Crime No.496 of 2014. On questioning, his alleged involvement in the incident in Crime No.300 of 2014 was revealed and thereon, allegedly stolen articles involved in Crime No.300 of 2014 were recovered. It is also submitted that the petitioner and his B.A.No.4796 of 2014 2 wife were working in the bakery of the de facto complainant and there was some dispute regarding the employment.
4. On hearing both sides, it is revealed that continued detention of the petitioner is not required for recovery of any material object. In the circumstance, I am inclined to grant bail but subject to stringent conditions to prevent recurrence of such incidents in future. The application is allowed as under: (i) Petitioner is granted bail in Crime No.300 of 2014 of the Haripad Police Station and shall be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions: (a) One of the sureties shall be a close relative of the petitioner. (b) Petitioner shall report to the Officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m for a period of two months or till final report is filed, whichever is earlier. (c) Petitioner shall report to the Investigating Officer as and when directed for interrogation. (d) Petitioner shall not, during the period of this bail get involved in any offence. B.A.No.4796 of 2014 3 (e) Petitioner shall not intimidate or influence the witnesses. (f) In case of violation of any of condition Nos.(b) to (e), bail granted hereby is liable to be cancelled by moving application before the learned magistrate as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge