This is an application for bail filed by the accused in Crime No.1874/2014 of Thiruvalla police station under Section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that on 17.09.2014 at about 9.30 p.m, the accused tried to commit theft of motor cycle from the court yard of Thiruvalla police station and thereby, he had committed the offence punishable under Section 379 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 is having some Psycho problem and he had not committed the offence with full knowledge and he is in jail from 17.09.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that the final report has already been filed.
5. Heard both sides and perused the records.
6. It is seen from the records that the petitioner was arrested by Thiruvalla police when he was trying to take away a motor cycle from the court yard of the Thiruvalla police station and the case was registered on the basis of the report given by that officer. It is seen from the documents produced by the petitioner that he is having 42% intellectual deficit and he is undergoing treatment for the same in Medical College Hospital. However, I am not at this stage going to the question as to whether he is not capable of understanding what he has done at this stage. But, at the same time, it is mentioned in the petition itself he is a student as well. However, since he is aged only 18 years and the prosecution had no case that he had involved in any other crime of similar nature as well, and also considering the fact that final report has already been filed, considering these circumstances, this court feels that 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.25,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Thiruvalla and the sureties must be one - father and the other a close relative.
ii. The petitioner shall not intimidate or influence the witnesses.
iii. The petitioner shall not involve in any other crime of similar nature during bail period.
iv. The petitioner shall not leave Pathanamthitta district without getting prior permission from the Judicial First Class Magistrate Court, Thiruvalla till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge