High CourtsSingle Bench(2022) 07 KL CK 0028

Devendra Singh vs State Of Kerala

High Court Of Kerala · Decided on 4 July 2022

HON’BLE JUDGES
Bechu Kurian Thomas, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 4680 Of 2022

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Judgment

14 paragraphs · 311 words

Bechu Kurian Thomas, J

1.

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973.

2.

Petitioners are the accused in Crime No.417/2022 of Koipuram Police Station. The offences alleged against the petitioners are under Sections 451, 380, 420 r/w Section 34 of the Indian Penal Code, 1860.

3.

The prosecution case is that the petitioners had appropriated Rs.6,61,500/- in 67 Transactions from SBI ATM counter at Kozhencherry Road, during the period from 18.02.2022 to 25.02.2022.

4.

Sri.Arun Babu, learned counsel for the petitioners submitted that already 60 days have elapsed and petitioners are entitled for statutory bail under Section 167(2)(a)(ii) of the Cr.PC.

5.

Sri.K.A.Noushad, learned Public Prosecutor also affirms that more than 60 days have elapsed, since the date of imprisonment.

6.

In view of the above, petitioners are directed to be released on statutory bail on the following conditions:

(i) Petitioners shall execute 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 of which  one of the sureties shall be a local surety.

(ii) Petitioners shall not abscond and make themselves available  for trial;

(iii) Petitioners shall appear before the Investigating Officer once  every 4th Saturday between 9.00 am and 11.00 am until the  final report is filed.

(iv) Petitioners shall not intimidate or attempt to influence the  witnesses; nor shall they tamper with the evidence.

(v) Petitioners  shall not commit any offence while they are on bail.

(vi)  Petitioners shall  not leave India without the  permission of  the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.