Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 BAIL APPL. NO. 4082 OF 2023 CRIME NO.520/2023 OF Irinjalakuda Police Station, Thrissur PETITIONER/ACCUSED NO.1 IMMANUEL AGED 25 YEARS S/O SAJI XAVIOUR, ARAKKAL HOUSE, ELAMAKKARA RMV ROAD DESOM, EDAPPALLY VILLAGE, ERNAKULAM, PIN - 682026 BY ADVS. THOMAS J.ANAKKALLUNKAL LITTY PETER ANUPA ANNA JOSE KANDOTH MELBA MARY SANTHOSH JAYARAMAN S. RESPONDENT/STATE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682031, PIN - 682031 BY PUBLIC PROSECUTOR RENJITH GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 1st day of June, 2023 The petitioner is the 1st accused in Crime No.520 of 2023 of Irinjalakuda police station, registered for the offences punishable under Sections 392 read with 34 of the Indian Penal Code.
2. The crime is registered alleging that, on 07.04.2023, at
about 4.30 p.m, the petitioner along with the 2 nd accused came from the behind the defacto complainant in a motor cycle and snatched her gold chain. The petitioner was arrested on 12.04.2023 and is continuing in custody. His earlier application for bail was rejected as per Annexure A2 order dated 19.05.2023.
3. Learned counsel for the petitioner submitted that 51
days have been elapsed after the petitioner’s arrest and the investigation being complete, no purpose is served by the petitioner’s continued incarceration. Moreover, the 2 nd accused was granted bail on 19.05.2023.
4. Learned Public Prosecutor submitted that the petitioner
is involved in another crime, registered for offences under the NDPS Act and hence, there is a possibility of the petitioner getting involved in other offences, if he is enlarged on bail.
5. Considering that the petitioner has been in custody for
more than 50 days and the investigation is almost complete, I am inclined to grant bail to the petitioner, subject to the stringent conditions. Accordingly, the following order is passed:
i) The petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court. ii) The petitioner shall appear before the Station House Officer, Elamakkara police station, within the limits of which the petitioner is residing, every Monday between 10.00 a.m and 11.00 a.m until the final report is filed iii) The petitioner shall not leave the State without obtaining prior permission from the Station House Officer, Elamakkara Police Station. iv) The petitioner shall not get involved in any other offence while on bail.
If any condition is violated, the Investigating Officer can approach the jurisdictional court and seek cancellation of bail. Sd/- V.G.ARUN, JUDGE smm APPENDIX OF BAIL APPL. 4082/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR DATED 07.04.2023 IN CRIME NO. 520/2023 OF IRINJALAKUDA POLICE STATION Annexure A2 TRUE COPY OF THE ORDER DATED 19.05.2023 IN B.A NO. 3749/2023 Annexure A3 COPY OF THE MEDICAL DOCUMENTS SHOWING THE MEDICAL DETAILS OF THE PETITIONER'S FATHER