Petition under Section 438 Cr.P.C. 2. Petitioners are accused in Crime No.289/2014 of Hemambika Police Station, Palakkad District, registered for the offences punishable under Sections 454 and 380 read with Section 34 of the Indian Penal Code.
3. The mother of the petitioners was working as a house maid at the house of the de-facto complainant. It is alleged that on 18.4.2014, the petitioners came over to the house of the de-facto complainant, for taking away a bed, which was given to their mother. It is alleged that while taking away the bed, they committed theft of a gold bangle of 3 sovereigns from the bedroom of the house of the de-facto complainant.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned counsel for the petitioners submits that the petitioners are innocent and they are not involved in any criminal case earlier. It is also pointed out that unnecessarily the petitioners are being suspected only because of the fact that they happened to go over there on the particular day. It is also submitted that the petitioners are ready to deposit an amount of ₹ 50,000/- before the court below, by pledging their property for getting the relief of anticipatory bail.
5. It is true that apart from the allegations against them, there is no evidence to connect the petitioners with the crime. At the same time it is a fact that on the particular day, they had visited the house of the de-facto complainant. Of course, the petitioners have an explanation for the same. The same has to be verified. The stolen property has to be recovered. In the light of the seriousness of the allegations against them, normally the petitioners are not entitled to the discretionary relief of anticipatory bail; at the same, in the light of the submission made by the learned counsel for the petitioners that the petitioners are willing to deposit an amount of ₹ 50,000/- before the court below within a period of 15 days as security, this Court is of the view that anticipatory bail can be granted to the petitioners.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for ₹50,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners together shall deposit an amount of ₹50,000/- as security before the court below within a period of 15 days from today.
(ii) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 27.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge