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Judgment
M.B.Snehalatha, J
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.
The petitioner is the 3rd accused in Crime No.626/2024 of Peramangalam Police Station, Thrissur City. The above case is registered against the petitioner and other accused for the offences punishable under Sections 310(2), 329(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
Prosecution case is that on 15.08.2024 at about 17.15 hrs, the accused robbed the car bearing Registration No.KL-78C-7679 owned by the de-facto complainant’s husband Vysagh and also robbed five mobile phones by show off knife. The accused is in judicial custody from 02.11.2024.
The learned Counsel appearing for the petitioner submitted that A3 is innocent and he was falsely implicated in the above said crime. Further it is submitted that the other accused are already on bail; that the petitioner/A3 is ready to co-operate with the investigation and there is no further necessity to keep him in custody. Therefore, the accused is to be released on bail.
The learned Public Prosecutor opposed the bail application.
Admittedly, petitioner is in judicial custody from 02.11.2024. It is also not in dispute that A2 and A4 were released on bail.
Having regard to the progress made in the investigation and also having regard to the period of detention already undergone by petitioner, this Court is of the view that further detention of the petitioner is not necessitated and its possible to set out a fair probe in this case by insisting complete co-operation and participation of the petitioner / accused by imposing stringent conditions.
Accordingly, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:
(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Jurisdictional Court;
(2) The petitioner shall appear before the investigating officer on every Saturday between 09.00AM and 11.00AM for a period of three months or till the final report is filed, whichever is earlier;
(3) The petitioner shall not intimidate or influence the witnesses and shall co-operate with the investigation;
(4) The petitioner shall not involve in any other crime while on bail.