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HIGH COURT OF KERALA
SHAHINA – Appellant
Versus
STATE OF KERALA – Respondent
Key Points: - The court considered releasing petitioners on regular bail subject to stringent conditions due to substantial completion of investigation and 41 days of detention already suffered. (!) (!) (!) - Bail granted with bond for Rs. 40,000 and two solvent sureties for the same sum each, to the satisfaction of the competent court below. (!) (!) (!) - Bail conditions include reporting to the Investigating Officer on specific Saturdays for ten months, cooperation with investigation, no intimidation or tampering with evidence, and prohibition from committing similar offences; violation allows cancellation of bail. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) - If petitioners violate conditions, jurisdictional court can consider cancellation of bail after hearing both sides. (!) (!) - Petitioners’ claim of no adverse antecedents and substantial completion of investigation; prosecution’s note of no adverse antecedents per IO; defense of false allegations. (!) (!) (!) (!) (!)
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.
3
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
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