Ajayan vs State Of Kerala

Gopinath P., J

These are the applications for regular bail

The Petitioner is common in these 4 cases. The petitioner has alleged to have committed the offence of robbery by snatching gold chains of the de facto complainants. Crime Nos.93/2022 and 94/2022 which were originally registered at Alathur Police Station have been transferred to Kollangode Police Station and have been re-registered as Crime Nos.79/2022 and 80/2022 of that Police Station. Crime Nos.39/2022 and 95/2022 are registered at Alathur Police Station, Palakkad District.

The learned Counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated. It is submitted that after the petitioner was arrested on suspicion that he had committed the offence of chain snatching, the other cases were also registered against the petitioner. It is submitted that apart from these cases, the petitioner has no criminal antecedents. It is submitted that the petitioner has been in custody from 06-02-2022 and his continued detention is not necessary for the purposes of any investigation.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the fact that the petitioner is accused in 4 cases of committing theft of gold chains shows, according to the learned Public Prosecutor, that the petitioner is likely to indulge in similar offences if released on bail. It is submitted that the petitioner is not entitled to bail at present.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 06-02-2022 and taking note of the fact that apart from these cases no other cases have been reported against the petitioner, I am of the view that the petitioner can be granted bail, especially, since continued detention of the petitioner may not necessary for the purposes of any investigation. I also note that the recovery has been effected in 3 of the 4 cases registered against the petitioner.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail in each of the cases, subject to the following conditions:-

(i) The petitioner shall execute separate bonds in respect of each of the cases registered against him for a sum 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;

(ii) The Petitioner shall report before the Investigating officer in Crime Nos.79/2022 and 80/2022 of Kollangode Police Station and Crime Nos.39/2022 and 95/2022 of Alathur Police Station, Palakkad District as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or contact the de facto complainants or any witness in Crime Nos.79/2022 and 80/2022 of Kollangode Police Station and Crime Nos.39/2022 and 95/2022 of Alathur Police Station, Palakkad District;

(vi) 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 Nos.79/2022 and 80/2022 of Kollangode Police Station and Crime Nos.39/2022 and 95/2022 of Alathur Police Station, Palakkad District may file an application before the jurisdictional Court for cancellation of bail.