Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 BAIL APPL. NO. 7557 OF 2022 CRIME NO.651 OF 2021 OF ATHOLY POLICE STATION, KOZHIKODE CMP NO.3945/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA PETITIONER/ACCUSED: ADARSH AGED 24 YEARS S/O RAVI, RESIDING AT KAKKATTIL HOUSE, ULLIYERI P.O, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673620 BY ADVS. J.R.PREM NAVAZ SUMEEN S.
RESPONDENT: STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SMT. SEETHA S., SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.7557/2022 2
ORDER
This is an application for regular bail.
2. The petitioner is the accused in Crime No.651 of 2021 of Atholy Police Station, Kozhikode, for the offences punishable under Sections 392 and 454 read with Section 34 of the Indian Penal Code.
3. The prosecution allegation is that, on 30.10.2021 at 12.45
hours, the accused trespassed into the shop named “Preethi Gold” owned by the defacto complainant, voluntarily caused hurt to the defacto complainant by beating him and committed theft of a gold chain weighing two sovereigns and 110 milligram, a mobile phone and cash of Rs.28,500/- and thereby committed the abovesaid offences.
4. Learned counsel for the petitioner submitted that the
petitioner is totally innocent of the charges levelled against him. He is in custody from 10.9.2022 onwards. Learned counsel further submits that the investigation is practically over and his continued detention is not required for the purpose of the investigation.
5. Learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner trespassed into the shop of the defacto complainant and took away a gold chain weighing 2.110 sovereigns and a mobile phone worth Rs.28,500/-. Learned Public B.A.No.7557/2022 3
Prosecutor further submitted that after the incident, the petitioner was absconding and went abroad and a look out notice was issued against him. On 09.09.2022, the petitioner was arrested from Nedumbassery Air Port. Learned Public Prosecutor also submitted that the petitioner is involved in other criminal cases within the limits of Atholy Police Station.
6. Considering the facts and circumstances of the case and
that the petitioner is in custody from 10.09.2022 onwards, I am inclined to grant bail, but taking into consideration the apprehension raised by the learned Public Prosecutor and also the antecedents of the petitioner, the same shall only be on stringent conditions. In the result, the Bail Application is allowed and it is ordered that the petitioner shall be released on bail subject to the following conditions:
(i) The petitioner shall execute a 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) The petitioner shall appear before the investigating officer in Crime No.651 of 2021 of Atholy Police Station on every Saturday at 11 A.M. until filing of the final report ;
(iii) The petitioner shall not attempt to interfere with the B.A.No.7557/2022 4 investigation or to influence any witnesses in Crime No.651 of 2021 of Atholy Police Station ;
(iv) The petitioner shall not enter the jurisdictional limit of Atholy Police Station for a period of three months, except for complying with condition No.(ii) or to attend any court proceedings ;
(v) The petitioner shall surrender the passport before
the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within a period of one week from the date of release on bail ;
(vi) The petitioner shall not leave the State without obtaining prior permission of the trial court ;
(vii) 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.651 of 2021 of Atholy Police Station may file an application before the jurisdictional court, for cancellation of bail.
Sd/- VIJU ABRAHAM JUDGE csl B.A.No.7557/2022 5 APPENDIX OF BAIL APPL. 7557/2022 PETITIONER'S ANNEXURES Annexure A1 THE CITIZEN COPY OF THE FIR IN CRIME NO: 651 OF 2021 OF ATHOLY POLICE STATION, KOZHIKODE DISTRICT Annexure A2 THE SCANNED COPY OF THE ORDER DATED 14.09.2022 IN C.M.P NO: 3945 OF 2022 PASSED BY THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, PERAMBRA-II, KOZHIKODE DISTRICT