High CourtsSingle Bench(2022) 03 KL CK 0032

Suresh Sukumaran vs State Of Kerala

High Court Of Kerala · Decided on 3 March 2022

HON’BLE JUDGES
Gopinath P, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 1271 Of 2022

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Judgment

13 paragraphs · 360 words

Gopinath P, J

1.

This is an application for regular bail.

2.

The petitioner is the sole accused in Crime No. 995 of 2021 of Mulavukadu Police Station, Ernakulam District, alleging commission of offences under Sections 459, 392, 461 & 394 of the Indian Penal Code.

3.

The allegation against the petitioner is that on 29.11.2021 at about 12.30 am, the petitioner trespassed into the house of the de facto complainant and attacked her with a sickle and caused hurt to her in the course of committing robbery. It is alleged that the petitioner stole an amount of Rs.4,000/- and a gold chain belonging to her.

4.

When this matter is taken up for consideration today, it is the submission of the learned counsel for the petitioner that the petitioner is entitled to statutory bail as on date.

5.

The learned Public Prosecutor confirms that a final report has not been filed in the matter.

6.

Since the petitioner has been in custody from 30.11.2021, the petitioner is entitled to statutory bail as on date. Accordingly, without going into the merits of the matter, there will be a direction that the petitioner shall be released on bail.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) 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 to the satisfaction of the jurisdictional court;

(b)Petitioner shall appear before the investigating officer in Crime No. 995 of 2021 of Mulavukadu Police Station, Ernakulam District, every whenever called upon to do so;

(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 995 of 2021 of Mulavukadu Police Station, Ernakulam District;

(d)The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 995 of 2021 of Mulavukadu Police Station, Ernakulam District, may file an application before the jurisdictional court for cancellation of bail.