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Judgment
Gopinath P, J
The petitioners are the accused in Crime No.952/2021 of Kidangoor Police Station, Kollam District alleging commission of offences under Sections
294 (b) and 392 read with Section 34 of the Indian Penal Code.
The allegation against the petitioners is that on 16-11-2021 at 2.45 p.m while the de facto complainant was returning after collecting some money
from the Kidangoor Service Co-operative Bank, Town Branch, Kottayam the petitioners intercepted the de facto complainant and robbed the de facto
complainant of a sum of Rs.2,45,000/-
The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the petitioners
have been in custody from 17-11-2021 and that their continued detention is not required for the purposes of any investigation. It is submitted that the
continued detention of the petitioners is in violation of their rights under Article 21 of the Constitution of India.
The learned Public Prosecutor submits that the petitioners are clearly guilty of the offence alleged against them. It is submitted that the investigation
conducted thus far has proved the same. It is submitted that an amount of Rs.1,04,000/- was recovered from the petitioners and this is sufficient proof
of fact that the petitioners were involved in a case. It is submitted that the petitioners are not entitled to bail.
Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody for more than 73 days
and since their continued detention is not necessary for the purposes of any investigation, I am of the opinion that the petitioners can be granted bail
subject to strict conditions.
In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-
(i) The petitioners shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of
the jurisdictional Court;
(ii) The Petitioners shall report before the Investigating officer in Crime No.952/2021 of Kidangoor Police Station on every Monday and Saturday at 11 a.m until filing
of final report in Crime No.952/2021 of Kidangoor Police Station;
(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.952/2021 of
Kidangoor Police Station;
(iv) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.952/2021 of Kidangoor Police Station may file an application
before the jurisdictional Court for cancellation of bail.