Pre-conviction detention can be punitive; bail may be granted with conditions to ensure adherence to legal proceedings.

ORDER

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973 .

2. Petitioner is the accused in Crime No.524/2022 of Kozhinjampara Police Station, Palakkad, alleging offences punishable under Sections 454, 461, 380 and 201 of the Indian Penal Code, 1860.

3. According to the prosecution, on 10.08.2022, the accused trespassed into the house of the defacto complainant and committed theft of Rs.9,500/- and thereby committed the offences alleged.

4. Smt.Vijina K., the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 12.08.2022 and has been in custody since then.

5. Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that there are 15 cases pending against the petitioner in Tamil Nadu and two other cases pending against him in Kerala and considering the criminal antecedents, petitioner ought not to be released on bail.

6. I have considered the rival contentions and have also perused the records produced. Having regard to the nature of allegations, I am of the view that the continued detention of the petitioner will amount to punishment prior to conviction and therefore, the petitioner ought to be released on bail. However, considering the alleged criminal antecedents pointed out by the learned Public Prosecutor, strict conditions can be imposed.

7. Accordingly, this application is allowed on the following conditions :- (a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent local sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer on the

4th Saturday of every month between 10.00 a.m. and 11.00 a.m., until conclusion of trial and shall provide the details of his contact address and telephone numbers.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or his family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

BECHU KURIAN THOMAS, JUDGE RKM