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Judgment
The applicant is the 1st accused in Crime No.62 of 2021 of Perumpetty Police Station, Pathanamthitta, for having allegedly committed offences punishable under Sections 379 read with Section 34 of the IPC. The prosecution case, in brief, is this:
On 19.01.2021, at about 1.30 AM, the applicant and the other accused stole 19 buffaloes from a farm conducted by the defacto complainant and thus committed the offence. The applicant was apprehended on 20.02.2021 and he was also subjected to custodial interrogation. He has been in judicial custody since then. The applicant states that he is innocent and the allegations are not true and that he was in Delhi when the alleged incident took place and he has got materials to establish that fact.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents. Nothing has been recovered from him. Under the circumstances, I find that further incarceration of the applicant may not be necessary.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees One lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He 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) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He 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 application is allowed.