ORDER

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

2. Petitioner is the sole accused in Crime No.1192/2022 of Mangalapuram Police Station, Thiruvananthapuram, alleging offences punishable under Sections 447, 435 and 427 of the Indian Penal Code 1860. Subsequently, the offence under Section 435 IPC was deleted and

436 IPC was added.

3. According to the prosecution, on 04.12.2021, the accused trespassed into the house of the defacto complainant and caused mischief by fire on an Activa scooter, kept under a sheet, causing a loss of Rs.50,000/- and thereby committed the offences alleged against him.

4. Sri.Mansoor.B.H, the learned counsel for the petitioner contended that the entire prosecution allegations are false, and even the offence alleged is not made out from the allegations. According to the learned counsel, the offence under Section 435 IPC was changed to Section 436 IPC, solely for the purpose of arresting the petitioner in a non-bailable offence. It was contended that even going by the prosecution allegations, the offence under Section 436 IPC is not made out and therefore, since the petitioner was arrested on 06.12.2022, the continued detention ought not to be permitted.

5. Sri.Noushad.K.A, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious, requiring continued detention.

6. I have considered the rival contentions.

7. A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 06.12.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, 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 sureties each for the like sum to the satisfaction of the court having jurisdiction.

b) Petitioner shall appear before the Investigating OfÏcer as and when required.

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

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

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

jka/23.12.22