Ali vs State Of Kerala

Jobin Sebastian, J

This petition for regular bail has been filed by the sole accused in crime No.1108 of 2024 of Aroor Police Station, registered alleging the commission of offence punishable under Section 305 of Bharatiya Nyaya Sanhita (BNS), 2023.

The prosecution allegation is that, on 29.10.2024, at some time between 11.00 P.M and 03.30 A.M, the accused committed theft of three oxen belonging to the de facto complainant and one cow belonging to the de facto complainant’s neighbour from a cowshed situated adjacent to the Chanthiroor old NH road. Hence the accused is alleged to have committed the offence mentioned above.

Heard both sides and perused the available records.

The   learned   Public   Prosecutor  opposed  the application.

The specific accusation which the petitioner is facing is that, he committed theft of three oxen and a cow from a cowshed. Ofcourse, the allegation against the petitioner is a serious one. The value of the stolen oxen and cow is assessed approximately at Rs.2 lakhs by the police. From a perusal of the available records, it is discernible that the petitioner is a historysheeter registered with three other cases alleging similar offences. Any how, the petitioner was arrested in this case on 09.11.2024 and since then, he has been in custody. Though the oxen and cow, which were the subject of theft has not yet reportedly recovered so far, I am at a loss to understand how the further judicial incarceration of the petitioner will facilitate such a recovery. Moreover, in Sushila Aggarwal and Ors. V. State (NCT of Delhi) and Anr.; (2020) 5 SCC 1, the Hon’ble Apex Court held that, even if the accused is on bail, the investigating officer is having liberty to interrogate him and to effect recovery on the strength of the disclosure statement, if any, given by the accused. Therefore, considering the days of detention already undergone by the petitioner and the stage of investigation, I am inclined to grant bail to the petitioner on conditions:

In the result, this petition is allowed on the following conditions:

1 The petitioner shall be released on bail on he executing a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

2 The petitioner shall appear before the Investigating Officer on every alternate Saturdays between 10 a.m. and 12 p.m., starting from 11.01.2025 for a period of three months or till the final report is filed, whichever occurs first.

3 The petitioner shall also appear before the investigating officer as and when required and shall cooperate with the investigation.

4 The petitioner shall not intimidate or influence the witnesses; or tamper with the evidence.

5 The petitioner shall not commit any offence while he is on bail.

6 It is made clear that, in the event of a violation of any of the above conditions, the investigating officer is at liberty to approach the jurisdictional court for cancellation of bail. In that event, the jurisdictional court shall consider such application and pass appropriate orders irrespective of the fact that bail has been granted by this Court.