The petitioners herein who are spouses have been arrayed as accused

Nos.1 & 2 among the two accused in the instant Crime No.426/2019 of

Pantheerankavu Police Station, Kozhikode, registered for offences

punishable under Sec.392 of the IPC, in respect of the First Information

Statement given by the de facto complainant on 15.09.2019 at about

9.40 p.m., in respect of the alleged incidents which happened on

15.09.2019 at about 1 p.m. in the afternoon.

2.

The prosecution case in short is that on 15.09.2019 at about

1p.m., when the de facto complainant and his family members were praying

at a prayer hall in a mall in Kozhikode, the petitioners had snatched a gold

chain weighing 1 sovereign owned by the child of the de facto complainant

and thereby, they have committed the abovesaid offences. The petitioners

have been arrested and remanded in relation to this case on 03.10.2019

and thereafter, they have been under detention since then.

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3.

According to the prosecution, the investigation has revealed

that the accused persons are spouses and that they are frequently in the

activity of committing theft at prayer hall of malls and that on their

questioning the gold chain of more than 1 sovereign and scooter used by

the accused for escaping the scene and Rs.5,000/- and the mobile phone

have been recovered and the investigation is pending. Further that, there is

every possibility of the petitioners repeating the abovesaid offences, if they

are let out on bail, etc.

4.

The learned counsel for the petitioners would point out that the

abovesaid allegations are false and baseless and that the petitioners have

no adverse criminal antecedents and that the investigation is substantially

over, but for formal filing of the final report and that the petitioners have

already suffered detention for the last 41 days, they may be released on

regular bail, subject to appropriate conditions that may be fixed by this

Court.

5.

The learned Public Prosecutor has opposed the plea for regular

bail and has pointed out that there is every possibility of the petitioners

repeating such offences, if they are let out on bail. On being queried, the

learned Prosecutor has fairly submitted on the basis of instructions of the

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Investigating Officer that as per the information now collected by the

Investigating Officer that the petitioners have no adverse criminal

antecedents.

6.

After hearing both sides and after careful evaluation of the facts

and circumstances of this case and also taking note of the nature of the

offence alleged in this case and also the fact that the investigation has been

substantially completed and taking into account also the fact that the

petitioners have already suffered detention for the last 41 days, this Court is

inclined to take the view that their continued incarceration could be

avoided and they could be released on regular bail subject to stringent

conditions.

7.

Accordingly, it is ordered in the interest of justice that the

petitioners shall be released on bail on their separately executing bond for

Rs.40,000/- (Rupees Forty Thousand only) and on their separately

furnishing two solvent sureties for the like sum each, both to the

satisfaction of the competent court below concerned. However, the grant

of bail will be subject to the following conditions:

(i). The petitioners will report before the Investigating Officer

concerned at any time between 9:00 a.m. and 1 p.m. on

every 2^nd and 4^th Saturdays, for the next ten months.

Thereafter, the petitioners shall report before the

Investigating Officer as and when required by the said officer.

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(ii). The petitioners shall fully co-operate with the investigation

process and shall not intimidate or attempt to influence the

defacto complainant/victim, witnesses; nor shall tamper with

the evidence.

(iii). The petitioners shall not commit any similar offence while they

are on bail and if the petitioners commit any offence of similar

nature, then the Investigati