High CourtsSingle Bench(2021) 02 KL CK 0036

Arun Kumar And Ors vs State Of Kerala

High Court Of Kerala · Decided on 22 February 2021

HON’BLE JUDGES
Ashok Menon, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 1638 Of 2021

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Judgment

19 paragraphs · 360 words
1.

The applicants in B.A.No.1638/2021 are accused Nos. 3 and 4, while the applicant in B.A.No. 1739/2021, is the 1st accused in Crime No. 14/2021

of Marayur Police Station, Idukki, for having allegedly committed offences punishable under Sections 120(b), 457, 461, 380 r/w Section 34 of the IPC.

The prosecution case, in brief, is this:

2.

The applicants, hatched a conspiracy to steal computer monitors and accessories from St. Maichles L.P. School at Maicherlegiri Kara, Maryoor

and allegedly committed house trespassed by getting into the school building between 6.00 PM on 09.01.2021 and 10.00 AM on 10.01.2021 and

committed theft of articles worth Rs.69,000/- and committed the offence. The applicants state that the allegations are not true and that they are not

innocent. They do not have any criminal antecedents and since they have been in custody for a fairly long time, they may be released on bail.

3.

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. A4 was arrested on 14.1.2021, A1 was arrested on

19.1.2021 and A3 was arrested on 20.1.2021. It is admitted by the learned Prosecutor that the applicants do not have any criminal antecedents. Under

the circumstances, I find that further incarceration of the applicants may not be necessary as they are willing to co-operate with the investigation.

4.

In the result, the applications are allowed and the applicants are directed to released on bail on the execution of bonds for Rs.1,00,000/-(Rupees

One Lakh only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further

conditions:

(i) They shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months or till filing of the

final report whichever is earlier.

(ii) They shall not intimidate or influence witnesses and tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail applications are allowed.