This is an application filed by the first accused in Crime No.376/2014 of Vidya Nagar police station for regular bail under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that on 27.6.2014 during night the accused persons three in number including the petitioner committed house breaking and committed theft of Rs.20,000/- from the petrol pump and thereby they had committed the offences punishable under Sections 457, 380 and 461 read with Section 34 of the Indian Penal Code.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the crime solely on the basis of a chance finger print said to have been discovered from the place of occurrence, which said to have been tallied with the finger print of the petitioner. He is in jail from 21.8.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that other accused persons are yet to be arrested.
5. Heard both sides and perused the case diary file.
6. It is seen from the case diary file that the case was registered on the basis of a statement given by the defacto complainant against unknown persons as Crime No.376/2014 of Vidya Nagar police station alleging offences under Sections 457, 380 and 461 of the Indian Penal Code. During investigation, a chance finger print was obtained from the place of occurrence and when it was examined by the Finger Print Bureau, it was revealed that it was tallied with the finger print of the present petitioner, who had committed similar offence in the year 2008. On that basis, the present petitioner was arrested on 21.8.2014 and it was also revealed that there are other two accused persons also involved in the crime and they have been implicated in the case and accused 2 and 3 are yet to be arrested. Merely because accused 2 and 3 are not arrested is not a ground for denial of bail to the petitioner, if his custody is not required any more in connection with the investigation. It is seen from the report that the present petitioner was accused in C.C.No.309/2008 pending before the Chief Judicial Magistrate Court, Kasaragod. It is not known as to what happened to that case as it is not mentioned in the case diary file. However, custody of the petitioner is not required. In view of the confession statement said to have been given by the first respondent that the amount has already been spent, recovery is not possible as well. So under the circumstances, bail can be granted to the petitioner with some stringent conditions. So, the application is allowed with the following conditions:
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the Chief Judicial Magistrate Court, Kasaragod.
ii. The petitioner shall appear before the investigating officer on all Mondays and Saturdays between 9 a.m and 10 a.m for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. The petitioner shall surrender his passport, if any, before the Chief Judicial Magistrate, Kasaragod within one week from the date of release and he is not having passport, file an affidavit to that effect before that court within that time.
vi. The petitioner shall not leave Kasaragod district without getting prior permission from the Chief Judicial Magistrate, Kasaragod till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge