IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 12^TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944 BAIL APPL. NO. 1876 OF 2022 CRIME NO.42/2022 OF CHERANELLOOR POLICE STATION, ERNAKULAM DISTRICT PETITIONER/S:

SAHID KHAN AGED 30 YEARS SON OF FAJJAR KHAN, VPO SEMLAKALAN NAGAR, BHARATPUR, RAJASTHAN., PIN - 321001 BY ADVS.

K.R.VINOD M.S.LETHA RESPONDENTS/:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

2 SUB INSPECTOR OF POLICE CHERANALLOOR POLICE STATION, ERNAKULAM DISTRICT, PIN - 682034 BY ADV PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure.

2. The petitioner is accused No.2 in Crime No.42/2022 of Cheranelloor Police Station. The offences alleged against the petitioner are punishable under Sections 406, 420, 409 and 34 of the Indian Penal Code and and Section 3(1) of Prevention of Damage to Public Properties Act (the PDPP Act).

3. The prosecution case is that the petitioner along with other accused with intent to obtain wrongful gain to them and to cause wrongful loss to the State Bank of India, Ponekkara branch, entered into a criminal conspiracy and in pursuance of the said conspiracy, from 26.11.2021 to 31.12.2021 misappropriated an amount of Rs.1,11,500/- and also caused damage to the tune of Rs.5,000/- to the lock of ATM UPS room.

4. The petitioner was arrested on 18.01.2022 and has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

6. The learned counsel for the petitioner submitted that the final report has not been filed so far and the petitioner is entitled to statutory bail.

7. The learned Public Prosecutor upon instructions submitted that the final report has not been submitted in this case. Therefore, the petitioner is entitled to statutory bail.

8. In the result, this Bail Application is allowed as follows :

(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate.

(b) As the petitioner is alleged to have committed offence under Section 3(1) of the PDPP Act, he shall deposit a sum of Rs.5,000/- before the jurisdictional Magistrate. He shall be released on bail only on such deposit. The petitioner is entitled to get refund of the amount so deposited in the event he is found not guilty and acquitted.

(c) He shall appear before the Investigating Officer on all Mondays and Fridays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

(d) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(e) If any of the bail conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law. Sd/-

K.BABU, JUDGE kkj APPENDIX OF BAIL APPL. 1876/2022 PETITIONER ANNEXURES Annexure A1 REMAND REPORT DATED 19.1.2022 IN CRIME NO. 42/2022 OF CHERANALLOOR POLICE STATION, ERNAKULAM DISTRICT SUBMITTED BY POLICE SUB INSPECTOR, CHERANELLOOR POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-IX, ERNAKULAM Annexure A2 CERTIFIED COPY OF THE ORDER DATED

26.2.2022 IN CRL.M.C. NO.437/2022 OF THE SESSIONS COURT, ERNAKULAM