Mohammed Nias C.P., J
1. This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.
2. The petitioners are accused Nos. 1 to 4 in Crime No.2653/2023 of Palarivattom Police Station, Ernakulam District, for having allegedly committed
offences punishable under Sections 379, 201 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that on 07-11-2023 at about 10.00 PM to 08-11-2023 at about 10.00 AM, the accused persons theft the Hero Honda
Splender Bike Reg No. KL 07 X 3289, in front of the Alfa Mens Hostel near Oberon Mall, Edappally, committed the offence.
4. The learned counsel appearing for the petitioners would say that the petitioners are innocent and falsely implicated with ulterior motives. At any
rate, he points out that the petitioners have been in custody from 28/11/2023, and continued custody of the petitioners is unnecessary.
5. The learned public prosecutor opposed the petition and pointed out that the petitioners are not entitled to bail.
6. After having considered the submissions of the learned counsel for the petitioners and learned Public Prosecutor and considering the fact that the
bike which is allegedly stolen has been recovered, the fact that the petitioners have been in custody from 28/11/2023, no other antecedents reported
against the petitioners and also since there is no apprehension raised by the prosecution that if released on bail, the petitioners are likely to abscond, I
hold that bail can be granted to the petitioners.
Accordingly, this application is allowed, and the petitioners granted bail subject to the following conditions:-
(i) The petitioners shall be released on bail on executing a bond for 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 petitioners shall report before the Investigating Officer as and when directed;
(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(iv) The petitioners shall not be involved in any other crime while on bail or leave the Country without the prior permission of the Court concerned.
If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;
