ORDER

The petitioners who are the accused Nos.1 and 4 in Crime No.1934 of 2021 of Aluva East Police Station registered for the offence punishable under Sec.394 of the Indian Penal Code have moved this application for their release on bail.

2. The petitioners have been in custody since 24.10.2021.

3. The prosecution allegation is that on 19.10.2021 at about

1.00 a.m these petitioners 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 these petitioners along with the other accused and thereby committed the aforesaid offences.

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

5. It is submitted by the learned counsel for the petitioners that they have been falsely implicated in the case at instance of the defacto complainant. In fact they are totally innocent and they were 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. They are youngsters aged 18 and 21 years respectively.

6. The learned Public Prosecutor on instructions submit that the gold chain robbed by these petitioners as well as the other accused was converted as gold ingot 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 petitioners have been in custody for the last more than

50 days.

8. The petitioners are youngsters having no criminal antecedents.

All the accused persons were arrested and 2nd accused had already been granted bail and the investigation has considerably progressed and in fact it is nearing completion.

Taking into consideration of the fact that the petitioners are youngsters having no criminal antecedents as well the fact that the 2nd accused had already been granted regular bail by this court, though the allegations levelled against them are grave and serious in nature, I am inclined to release them on bail subject to the following conditions;

(i) The petitioners shall be released on bail on each of them 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 petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioners 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 petitioners 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.