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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the sole accused in Crime No.820/2026 of Nedumbassery Police Station, Ernakulam District. The offence alleged is punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that, on 30.09.2026 at 5.45 p.m., the applicant trespassed into the house of the defacto complainant, where she was residing alone. Thereafter, in the kitchen area of the house, the applicant covered the head of the defacto complainant with a cloth, threatened to kill her and snatched a gold chain weighing 20 grams from her neck. Thereafter, the applicant escaped from the house after locking the defacto complainant in a bathroom and thereby committed the offence.
I have heard Sri.K.V.Sabu, the learned counsel for the applicant and Sri.Vinay V., the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 06.10.2026. The investigation is almost over. The recovery of the gold chain as well as the scooter in which the applicant allegedly reached the house of the defacto complainant is effected. That apart, Annexure A2 produced by the applicant would show that there were several financial transactions between the applicant and the defacto complainant for the last two years. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.