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Judgment
Application for regular bail under Section 439 of Cr.P.C. The applicant is the first accused in Crime No.18/2021 of Thaliparamba Police Station for
having allegedly committed offences punishable under Sections 457 and 380 of the IPC.
The prosecution case, in brief, is that the applicant in furtherance of common intention with the 2nd accused trespassed into the property of the de
facto complainant and stole two cows worth Rs. 95,000/- from the cow shed attached to his house. One of the cows was recovered from the house of
a lady, who gave a statement that it was the 1st accused who had brought the cow to her and the 2nd accused was also accompanying him. The cow
which was allegedly handed over to the lady was already seized. The applicant was arrested on 12.02.2021 and remanded to judicial custody and
continues in remand.
The applicant states that he has no criminal antecedents and he is willing to abide by any conditions and therefore he may be released on bail. The
2nd accused has already been granted bail from this Court.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor admits that the applicant has no criminal antecedent. One of the cows which was stolen was already recovered. The
other cow could not be recovered. Custodial interrogation of the applicant is already over. Therefore, I find no reason for further detention of the
applicant. The application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand
only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(i) He shall appear before the investigating officer as and when called for.
(ii) He shall not tamper with evidence, intimidate or influence the witnesses .
(iii) He shall not get involved in similar offences during the currency of the bail.
In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.