This is an application filed by the 1st accused in Crime No.609 of 2014 of Medical College Police Station, Kozhikode District for regular bail under Section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that on 24.08.2014 at 08.00 p.m., the accused persons have committed theft of motor cycle belonging to the friend of the de facto complainant and thereby, all of them have committed the offence punishable under Section 379 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 and some statement was obtained 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 investigation is still in progress and he is accused in another cases as well.
5. Heard both sides and perused the records.
6. It is seen from the records that the above case was registered on the basis of the statement given by the de facto complainant when it was found that the motor cycle was found missing from the Medical College Hospital compound on 24.08.2014 at 08.00 p.m. against unknown persons. Later, on 14.09.2014 when the present petitioner was arrested and Crime No.1850 of 2014 of Vatanappally Police Station was registered when he was taken into custody in suspicious circumstances and while interrogation it was revealed that he had committed the offence in Crime No.1843 of 2014 and also in Crime No.609 of 2014 of Medical College Police Station, Kozhikode District and accordingly his name was included as accused in Crime No.609 of 2014 of the Medical College Police Station, as well. He was remanded to custody and recording his arrest in that case also on 15.09.2014. It is seen from the case diary file that apart from the present petitioner three other persons also involved in the crime and accordingly their names were also included and Section 34 of the Indian Penal Code was also added and since the second accused in the case was that juvenile and the case against him was split up and the records have been submitted before the Juvenile Justice Board. Investigation is still in progress. This court has already granted bail to the petitioner in Crime No.1843 of 2014 of the Vatanappally Police Station as per order in B.A.No.7254 of 2014.
7. Considering the circumstances mentioned in that case and also in this case, this court feels that bail can be granted to the petitioner in this case also 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, Kunnamangalam.
(ii) One of the sureties shall be a close relative of the petitioner.
(iii) The petitioner shall appear before the investigating officer on all Saturdays of every month between 09.00 a.m and 10.00 a.m for a period of three months and thereafter, on the last day of every month between the same timings till the final report is filed.
(iv) The petitioner shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the investigation the above crime in writing to do so till the final report is filed.
(v) The petitioner shall not intimidate or influence the witnesses.
(vi) The petitioner shall not involve in any other crime of similar nature during bail period.
(vii) 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