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Judgment
This is an application for regular bail under Section 439 of the Cr.P.C.
The applicant is the 1st accused in Crime No.107/2021 of Chavakkad Police Station for having allegedly committed the offences punishable under Sections 457, 427 and 380 read with Section 34 of the I.P.C. and under Sections 3 and 5 of the Kerala Prevention of Damage to private Property and Payment of Compensation Ordinance.
The prosecution case, in brief, is that in between 11.30 PM on 18.01.2021 and 4.30 AM on 19.01.2021, the applicant along with another accused, in furtherance of common intention, committed lurking house-trespass into the shop of the de facto complainant and stole articles from the shop worth Rs.5,300/- and also committed mischief by demolishing solar panel and other articles causing a loss of Rs.3 lakhs and thus committed the offences. The applicant was arrested on 23.01.2021 and remanded to judicial custody.
The applicant submits that he has been in custody for the last 75 days now and none of the offences alleged against him attracts imprisonment for death, life or imprisonment for a term not less than 10 years, and therefore, under Section 167(2)(a)(ii) of the Cr.P.C., he is entitled to be released on statutory bail since he has been in custody for more than 60 days.
Heard the learned Counsel for the applicant and the learned Public Prosecutor.
The learned Public prosecutor admits that the final report has not yet been filed. It is also pointed out that under Section 457 of the I.P.C.; the applicant can be punished up to 14 years, but the Section is explicitly stating that only for offences punishable with imprisonment with not less than 10 years imprisonment and above can the investigation be extended up to 90 days. Therefore, the applicant is entitled to statutory bail in this case, since he has been in custody for 75 days now.
As a 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 each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:
i) He shall appear before the investigating officer as and when called and shall cooperate with the investigation;
ii) He shall deposit a sum of Rs.75,000/- (Rupees seventy five thousand only) before the jurisdictional court;
iii) He shall not attempt to influence or intimidate the witnesses; and
iv) He shall not get involved in similar offences during the currency of the bail.
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.