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Judgment
Ziyad Rahman A.A., J
This is an application filed u/s 439 of the Code of the Criminal Procedure seeking regular bail.
Petitioners are the accused Nos.2 and 5 in Crime No.641 of 2023 of Thenhipalam Police Station. Offences alleged against the petitioners are under Sections 395, 364(A) of IPC and Section 5 r/w.27(1) of Arms Act.
The prosecution case is that on 27.06.2023 at about 18.00 hours, at Chelari of Thenhippalam Amsom, the accused intercepted the de facto complainant while he was driving a car bearing Registration No.KL-55-Y/247 and after threatening him by pointing a gun, took him to a vacant place and robbed a sum of Rs.15,000/- from his pocket. Crime was registered in such circumstances and as part of the investigation the petitioners were arrested on 28.06.2023, since then they have been under judicial detention. This application for regular bail is submitted in such circumstances.
Head Sri.Satheesh Mohanan, learned counsel for the petitioners and Sri.Jacob E.Simon, learned Public Prosecutor for the State.
One of the crucial aspect pointed out by the learned counsel for the petitioners is that the petitioners have been under judicial custody since 28.06.2023 and even now no final report has been submitted. The learned Public Prosecutor submitted that the investigation has not been completed and no final report has been filed so far. Since the statutory period contemplated under Section 167 (2) Cr.P.C is already over and no final report is submitted the petitioners are entitled for bail. Accordingly, this application is allowed.
In the result, the application is allowed on the following conditions:-
(i) The petitioners shall be released on bail on executing bonds for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall appear before the investigating officer as and when required by him.
(iii) The petitioners shall not commit any offence of like nature while on bail.
(iv) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(v) The petitioners shall not leave India without the permission of the trial Court.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.