Full Judgment
BAIL APPL. NO. 4125 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 BAIL APPL. NO. 4125 OF 2021 Crime No.654 of 2021 of the Kottarakkara Police Station PETITIONER/S: 1 SURYA DAS AGED 19 YEARS S/O UNNIKRISHNAN, ETHIKKARA VALAVIL, DINESH MANDIRAM, CHATHANOOR, KOLLAM-691572. 2 ANIL JOB AGED 20 YEARS S/O JOB, KANJIRAM VILA MELATHIL VEEDU, MYLAKKAD, MYLAKKAD P.O, KOLLAM-691571. BY ADVS. R.N.SANDEEP (K/000940/2013)-25021 KEERTHI VIJAYAN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 SUB INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION, CHANDAMUKKU, KOTTARAKKARA, KOLLAM-691506. SRI AJITH MURALI-PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 4125 OF 2021 2
ORDER
The above captioned application seeking regular bail has been filed under Section 439 of the Code of Criminal Procedure( “Code” for short ) by the accused Nos.2 and 4 in Crime No.654 of 2021 of the Kottarakkara Police Station registered under Sections 379, 201 and 411 read with Section 34 of the Indian Penal Code.
2. The prosecution allegation is that the petitioners herein along with the rest of the accused committed theft of a motorbike on 31.03.2021 at about 11.30 p.m.
3. The learned counsel appearing for the petitioners while
vociferously asserting that the petitioners herein are innocent of the allegations, points out that they were arrested on 17.04.2021 and have been languishing in custody since then. He would point out that it is on frivolous accusations that the petitioners were implicated in the said crime. The learned counsel would urge that the fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. He would vehemently urge that any imprisonment before conviction has a substantial punitive content and which has time and again been disapproved by this Court as well as the Apex Court.
4. The learned Public Prosecutor, on instructions, submitted that
the petitioners herein are the persons with criminal antecedents and are BAIL APPL. NO. 4125 OF 2021 3 involved in Crime No.555 of 2021 of the Kallambalam Police Station.
5. I have considered the submissions advanced and have perused the materials which are made available.
6. Having considered all the relevant aspects, including the nature
of accusations, the severity of the punishment which conviction would entail, the reasonable possibility of securing their presence at the stage of trial, the period of incarceration undergone and other factors I am of the view that the further detention of the petitionerS in custody is not necessary. They can be granted bail by imposing appropriate conditions. In the result, this application will stand allowed, however, it shall be subject to the following conditions:
1. The applicants shall be released on bail on them executing a bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
2. The applicants shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final report whichever is earlier.
3. The applicants shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
4. They shall not commit any offence while on bail.
5. They shall not leave the State of Kerala without the permission of Court having jurisdiction. In case of violation of any of the above conditions, the jurisdictional BAIL APPL. NO. 4125 OF 2021 4 Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law. Sd/- RAJA VIJAYARAGHAVAN V JUDGE NS