ORDER

The petitioner who is the 2nd accused in Crime No.1934 of

2021 of Aluva East Police Station registered for the offence punishable under Sec.394 of the Indian Penal Code has moved this application for his release on bail.

2. The petitioner has been in custody since 24.10.2021.

3. The prosecution allegation is that on 19.10.2021 at about

1.00 a.m this petitioner along with the other accused have snatched away the gold chain owned by the defacto complainant who is an artist. His mobile phone, an amount of Rs.500/- as well his motor cycle bearing Reg.No.KL-40-L-6762 had also been robbed by this petitioner along with the other accused and thereby committed the aforesaid offences.

4. Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

5. It is submitted by the learned counsel for the petitioner that he has been falsely implicated in the case at instance of the defacto complainant. In fact he is totally innocent and he was not present at 1.00 a.m on the spot that is on the bridge leading to Aluva Shiva temple as alleged by the prosecution. He is a young man aged only 20 years.

6. The learned Public Prosecutor on instructions submit that the gold chain robbed by this petitioner as well as the other accused was converted as gold ingots and that has been recovered by the investigating agency. So also, the motor cycle owned by the defacto complainant had also been recovered. But the mobile phone as well the money are yet to be recovered.

7. The petitioner has been in custody for the last more than

50 days.

8. The petitioner is a young man aged only 20 years having no criminal antecedents. All the accused persons were arrested and the investigation has considerably progressed and in fact nearing completion.

Taking into consideration of the fact that the petitioner is a young man aged only 20 years and that he has no criminal antecedents, though the allegations levelled against him are grave and serious in nature, I am inclined to release him on bail subject to the following conditions;

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.