IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 18^TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943 BAIL APPL. NO. 1051 OF 2022 CRIME NO.1566/2021 OF Hill Palace Police Station, Ernakulam PETITIONER/ACCUSED:

SHAHABANATH A.S.

AGED 24 YEARS, S/O. SHARAFUDEEN ANTTIPARAMBIL HOUSE, PANAYIKULAM, ALANGADU ERNAKULAM, PIN - 683502 BY ADV SHANI.P RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY SRI.M.C.ASHI (P.P.)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for regular bail.

2. The petitioner is the accused in Crime No.1566/2021 of Hill Palace Police Station, Ernakulam District alleging commission of offences under Section 392 of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner committed theft on the gold chain, on 15.12.2021, by snatching it from the neck of the de facto complainant, who is stated to be a 73 year old lady. 4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and has been falsely implicated in the case. It is submitted that the present case was registered following her arrest in another case alleging commission of similar offence. It is submitted that the petitioner has been in custody for 53 days. It is submitted that the petitioner is a 24 year old woman, who is staying separately from her husband along with her mother and child. It is submitted that the continued detention of the petitioner is not necessary for the purposes of any investigation.

5. I have heard the learned Public Prosecutor also.

6. The learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioner is clearly involved in two cases and the investigation conducted thus far revealed that the modus operandi of the petitioner was to target elderly women and snatch gold chains worn by them. It is submitted that the petitioner is not entitled to be released on bail as there is every chance of similar offences being repeated, if the petitioner is granted bail.

7. Having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail for the following reasons:-

I. Her continued detention may not be necessary for the purposes of investigation.

II. The petitioner is a 24 year old woman who is stated to be living separately from her husband with a minor child to be taken care of.

III. The apprehension expressed by the learned Public Prosecutor that the petitioner may indulge in similar offences can be taken care of by imposing stringent conditions.

7. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute 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 jurisdictional Court;

(ii) The petitioner shall report before the Investigating officer in Crime No. 1566/2021 of Hill Palace Police Station, as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 1566/2021 of Hill Palace Police Station;

(iv) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1566/2021 of Hill Palace Police Station, may file an application before the jurisdictional Court for cancellation of bail.

sd/-

GOPINATH P.

JUDGE acd APPENDIX OF BAIL APPL. 1051/2022 PETITIONER ANNEXURES AnnexureA1 CERTIFIED COPY OF THE ORDER IN C.M.P.

NO. 1451/2021 OF THE JUDICIAL FIRST CLASS MAGISTRATE, TRIPUNITHURA