O R D E R

Dated this the 17th day of February 2021 ...

The applicant is the 1st accused in Crime No.929 of 2020 of Vellarikundu Police Station, Kasaragod for having allegedly committed the offences punishable under Sections 447, 427 and 379 read with S.34 of the Indian Penal Code (IPC).

2. The prosecution case in brief is that some time between 6 p.m. on 25.12.2020 and 11 a.m. on 26.12.2020 at a place called Pulladi, Malom village, the applicant and co-accused in furtherance of common intention, allegedly trespassed into the property of the father-in-law of the de facto complainant and committed mischief by destroying pipeline and agriculture products which was kept there and thereby caused damage to the tune of Rs.2.5 lakhs and committed theft of some pipes in the property and thus committed the aforesaid offences.

3. Heard the learned counsel for the applicant and the learned public prosecutor.

4. The learned counsel for the applicant submits that the allegations are not true and that he is totally innocent in this case. He has nothing to do with the alleged act of mischief and theft. It is submitted that nothing has been recovered from him and the materials now being collected was for the purpose of implicating him as an accused in this crime.

5. The learned public prosecutor submits that the driving licence of the applicant was recovered from the scene of occurrence and that is why the investigating officer came to the conclusion that the applicant was involved in this crime. It is submitted that the applicant has no criminal antecedents.

6. After hearing both sides, I find that the materials now being recovered are not sufficient to prove the complicity of the applicant in this crime and the custodial interrogation of the applicant is not necessary in this case. Hence, this bail application is allowed. The applicant shall surrender before the Investigating Officer within two weeks from today. After the interrogation, in the event of his arrest, he shall be released on bail on his executing a bond for a sum of Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer and on the following conditions:

(i) The applicant shall appear before the Investigating Officer as and when called for.

(ii) He shall not tamper with evidence, intimidate or influence witnesses.

(iii) He shall not get involved in similar offences during the bail period.

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