Detention during investigation is not necessary if there is a lack of substantial evidence against the accused.

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure , 1973.

2. The petitioners are the accused in Crime No.1085 of 2023 of Harippad Police Station for having allegedly committed the offences punishable under Section 379 of the Indian Penal Code 1860.

3. The prosecution allegation is that, during November 2023, batteries installed in the solar pannels errected in Ward No. 3 of Karuvatta Grama Panchayath were stolen away by the petitioners. The batteries worth Rs.35,000/-.

4. The petitioners would contend that they did not involve in the alleged crime and without any material or evidence, they were implicated in the crime.

5. On instrctions of the Haripad Police Station, the learned Public Prosecutor, objected the grant of bail to the petitioners.

B A.NO. 1619 of 2024

6. Having heard the learned counsel on both sides and considering the nature of the offence, I am of the view that the detention of the petitioner during the period of investigation is not necessary in this case.

In the result, the bail application is allowed and the applicants is directed to surrender before the investigating officer within two weeks. After interrogation and in the event of them being arrested, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) They shall not influence or intimidate witnesses or tamper with evidence;

(ii) They shall appear before the investigating officer as and when called for; and (iii) During the bail period, They shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.