Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944 BAIL APPL. NO. 3706 OF 2022 AGAINST THE ORDER IN CRMC 1008/2022 OF SPECIAL C SPE/CBI- II & 4 ADDITIONAL DISTRICT COURT,EKM CMP 267/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IV, PERUMBAVOOR
PETITIONERS: 1 DURGA AGED 32 YEARS W/O SANTHOSH, PALLIYARTHERUVU THERUVU, KARUR, TAMIL NADU, PIN - 639001 2 ANITHA AGED 26 YEARS /O RAJESH, PALLIYARTHERUVU THERUVU, KARUR, TAMIL NADU , PIN - 639001 BY ADVS. BLAZE K.JOSE URMILA ZACHARIA GOPIKA P. AKHILA M. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 2 SUB INSPECTOR OF POLICE KALADY POLICE STATION, ERNAKULAM DISTRICT , PIN - 683574 BY ADVS. PUBLIC PROSECUTOR GOVERNMENT PLEADER SRI. T.R. RENJITH (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for regular bail.
2. Petitioners are the accused in Crime No.314/2022 of Kalady Police Station, Ernakulam district alleging commission of offences under Sections 201 and 392 read with 34 of the Indian Penal Code.
3. The allegation against the petitioners is that, at 5.30 PM on
21.03.2022, the petitioners attempted to snatch the gold chain of the defacto complainant, when the defacto complainant was traveling in a bus. The petitioners were arrested on 21.03.2022 and have been in custody since.
4. The learned counsel for the petitioners submits that the petitioners
are absolutely innocent in the matter. It is submitted that they have been falsely implicated. It is submitted that the petitioners have no criminal antecedents and the earlier cases allegedly registered against the 1 st petitioner are cases registered against another person having the same name and having no relation whatsoever with the 1st petitioner. It is submitted that the 2 nd petitioner has a child aged 2 years and she is a lactating mother. It is submitted the petitioners have been in custody for 60 days and their continued detention is not necessary as the final report has already been filed in the matter.
5. The learned Public Prosecutor vehemently opposes the grant of bail.
It is submitted that the 1 st petitioner has criminal antecedents and as many as 3 cases were registered against her. It is submitted that the submission of the learned counsel for the petitioner that those cases relate to another person is not correct. It is submitted that the petitioners have no permanent address and it may be difficult to ensure the presence at the trial, if they are granted bail. It is submitted that if this court is inclined to grant bail to the petitioners, it may be on conditions to ensure that their identity is clearly verified and they are available to face trial.
6. Having regard to the facts and circumstances of the case and considering
the nature of allegations and also taking into account the fact that the 2 nd petitioner is a lactating mother, I am of the opinion that the petitioners be granted bail subject to conditions. Their continued detention is not necessary for the purposes of investigation as the final report has already been filed in the matter.
7. In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-
(i) Petitioners shall execute separate bonds for sums of
Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court; The sureties shall be local sureties;
(ii) Petitioners shall report before the investigating officer in Crime No.314/2022 of Kalady Police Station, Ernakulam district every Saturday at 11.00 AM till 30.07.2022 and thereafter whenever called upon to do so;
(iii) Petitioners shall produce acceptable identity proof in original before the jurisdictional court; The originals may be returned after verification;
(iii) Petitioners shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.314/2022 of Kalady Police Station, Ernakulam district;
(iv) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.314/2022 of Kalady Police Station, Ernakulam district may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE AJ APPENDIX OF BAIL APPL. 3706/2022 PETITIONER ANNEXURES Annexure1 A CERTIFIED COPY OF THE ORDER IN CRL. M.P. NO. 267/2022 DATED 19/04/2022 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- IV, PERUMBAVOOR Annexure2 A CERTIFIED COPY OF THE ORDER IN CRL.M.C. COURT, ERNAKULAM