Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 31ST DAY OF JANUARY 2022 / 11TH MAGHA, 1943 BAIL APPL. NO. 613 OF 2022 AGAINST THE ORDER IN CRMC 111/2022 OF II ADDITIONAL SESSIONS COURT,ERNAKULAM CRIME NO.1313/2021 OF PARAVOOR POLICE STATION
PETITIONER/ACCUSED: SHAHABANATH A.S. AGED 24 YEARS S/O.SHARAFUDEEN, ANTTIPARAMBIL HOUSE, PANAYIKULAM, ALANGAD. BY ADV SHANI.P RESPONDENT/STATE: STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.1313/2021 OF PARAVOOR POLICE STATION). SRI. M.C. ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 613 OF 2022 2
ORDER
This is an application for regular bail.
2. Petitioner is the accused in Crime No.1313/2021 of Paravoor police station, Ernakulam district, alleging commission of offence under Section 392 of the Indian Penal Code.
3. Allegation against the petitioner is that she snatched away a gold chain weighing 4 gms belonging to the de facto complainant at about 11.45 am on 15.12.2021.
4. Learned counsel appearing for the petitioner submits
that the petitioner is absolutely innocent in the matter and has been arrayed as an accused in the case only on the basis of some misunderstanding. It is submitted that the petitioner is a woman aged 24 years, who is absolutely innocent in the matter. It is submitted that the petitioner has been in custody for the last 47 days and her continued detention is not necessary for the purpose of any investigation. It is submitted that the petitioner may be directed to be released on bail on such conditions as may be fixed.
5. Learned Public Prosecutor, on instructions, would
submit that the petitioner is clearly guilty of the offence alleged against her. It is submitted that there is recovery of the gold chain in question from the possession of the petitioner. It is submitted BAIL APPL. NO. 613 OF 2022 3 that the petitioner is also accused in a similar case registered at the Hill Palace police station as Crime No.1566/2021 of that police station. It is also submitted that the petitioner is not entitled to bail.
6. Having regard to the facts and circumstances of the
case and taking into account the nature of the allegations against the petitioner and also taking to account the fact that the petitioner is a woman aged 24 years, who has been in custody for last 47 days, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No.1313/2021 of Paravoor Police station as and when called upon to do so;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.1313/2021 of Paravoor police station; BAIL APPL. NO. 613 OF 2022 4
(iv) The petitioner shall not involve in any other crime while
on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.1313/2021 of Paravoor police station may file an application before the jurisdictional court, for cancellation of bail. sd/- GOPINATH P. JUDGE ajt