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Judgment
The applicant is the sole accused in Crime No.612/2020 of Ponnani Police Station, Malappuram, for having allegedly committed offence punishable
under Section 392 of the IPC.
The prosecution case, in brief, is that on 08.10.2020, while the de facto complainant was returning home on his motorcycle at about 22.00 hours, and
reached in front of Alfa Hotel at Puthuponnani, the applicant robbed him off Rs.3,000/- and a Samsung A30-S mobile phone worth Rs.15,000/- at
knife point and thus committed the offence. The applicant was arrested on 20.10.2020 and remanded to judicial custody. His application for bail was
dismissed both by the jurisdictional Magistrate and also by the Session Judge for the reason that the applicant has been involved in three other crimes
for offences punishable under Sections 427, 341 etc. of the IPC. Proceedings under Section 107 of the Cr.P.C has also initiated against him. Under
the circumstances, the bail application was dismissed for the reason that there is a fair chance of the applicant absconding.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned counsel appearing for the applicant submits that he is willing to abide by any conditions that may be imposed by this Court and he will
not abscond. The final report has already been filed. Therefore there is no point in detaining him for a longer period.
The learned Public Prosecutor has expressed his anxiousness about the criminal antecedents of the applicant and stated that there is a fair
possibility of the applicant absconding.
The applicant has been in custody for more than a month now and custodial interrogation of the applicant is not necessary. But considering his
criminal antecedents and possibility of his absconding, stringent conditions can be imposed.
In the result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees
Fifty Thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
He shall appear before the trial court on all postings except on exception granted by the trial court.
He shall deposit a sum of Rs.3,000/- as security for his appearance, in case he fails to appear before the court without being granted an exception,
the amount shall stand forfeited.
He shall not attempt to influence or intimidate the witnesses.
He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.