This is an application filed by the accused in Crime No.1843 of 2014 of Vatanappally Police Station, Thrissur District for regular bail under Section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that between 10.00 a.m. on 12.09.2014 and 01.00 p.m. on 13.09.2014, he along with other accused persons committed house trespass, broke opened the door and committed theft of some household articles worth Rs.10,000/- and thereby, all of them have committed the offences punishable under Sections 457, 461 and 386 r/w 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 in fact, he was arrested on 13.09.2014 when he was coming from hospital to his house and he has been given shock treatment and after applying third degree methods, some statement was obtained and he was implicated in false cases and he was in jail from that day onwards.
4. The application was opposed by the Public Prosecutor on the ground that final report has already been filed in this case.
5. Heard both sides and perused the report of the investigating officer.
6. It is seen from the report that of the investigating officer that on 13.09.2014 the above case was registered on the basis of the statement given by the de facto complainant alleging commission of the above said offences against unknown persons and they have taken the chance finger print obtained from the place. On 14.09.2014 while they were doing investigation in this case, they came across the petitioner in a suspicious circumstances and he was taken into custody and Crime No.1850 of 2014 under Section 41 (1)(d)(a) 102 Code of Criminal Procedure was registered. It is mentioned in the report that when he was interrogated and it was revealed that he had committed this crime along with others and accordingly he was implicated in this case along with two other persons, one being a juvenile and the case against him was split up and the records have been submitted before the Juvenile Justice Board. Investigation has been completed in this case and final report has been filed against the 1st and 3rd accused on 29.09.2014. Though the petitioner had a case that he was taken into custody that 13.09.2014 and subjected to third degree methods, absolutely no documents have been produced before this court to prove this facts. Further, the records shows that when he was produced before the magistrate there was no complaint about case of Police harassment also. So at this stage, I am not going into those aspects. Further, it is seen from the report that on the basis of the crime registered as Crime No.1850 of 2014, it was revealed that he had committed another crime and he was an accused in Crime No.609 of 2014 of Medical College Police Station, Kozhikode District for offence under Section 379 r/w Section 34 of the Indian Penal Code and accordingly, he was implicated in that case also and he was produced before the magistrate and he was remanded to custody in both these cases. The prosecutor has no case that except these two cases there is any other case against the petitioner. Investigation has been completed and final report has been filed. Further, the counsel for the petitioner submitted that petitioner's wife is pregnant and there is a 3 year old child has to be taken care of.
7. Considering the circumstances and his age and also the period of pre-trial detention, this court feels that bail can be granted to the petitioner with some stringent conditions.
Therefore, this application is allowed on the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Chavakkad.
(ii) One of the sureties shall be a close relative of the petitioner.
(iii) The petitioner shall not intimidate or influence the witnesses.
(iv) The petitioner shall not involve in any other crime of similar nature during bail period.
(v) The petitioner shall not leave Thrissur and Kozhikode District without getting prior permission from the respective Magistrates before whom now the cases are pending till the disposal of the case.
With the above conditions, the bail application is allowed.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge