Mumbai, India – January 24, 2024 – Vellu Vikram Nair, accused of petty theft, has been granted bail by a Mumbai Sessions Court after being arrested on a non-bailable warrant. Additional Sessions Judge Dr. S.D. Tawshikar, presiding over Court Room No. 10, granted bail in Criminal Bail Application No. 91 of 2024, emphasizing the importance of the accused’s cooperation in the ongoing trial.

Nair was arrested in connection with C.R. No. 637 of 2022 registered at MRA Marg Police Station, facing charges under Sections 380 (theft in dwelling house) and 457 (lurking house-trespass or house-breaking by night) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

The Alleged Theft and Arrest:

The prosecution alleges that Nair and co-accused stole cigarettes worth Rs. 40,000 and cash worth Rs. 10,000 from a shop. Nair was initially arrested and released on bail by a Metropolitan Magistrate on July 29, 2022. However, he subsequently failed to appear in court, leading to the issuance of a non-bailable warrant. He was re-arrested on December 7, 2023, and has been in custody since then.

Defense Arguments:

Nair’s defense argued that the offense was relatively minor and that the charge sheet had already been filed. They emphasized that Nair had previously been granted bail and that the trial was pending at the stage of framing charges.

Prosecution Objections:

The prosecution did not strongly oppose the bail but emphasized the importance of ensuring Nair’s presence during the trial.

Court’s Reasoning and Decision:

Judge Tawshikar, after reviewing the case records and hearing arguments from both sides, granted bail to Nair. The court acknowledged the nature of the offense and the fact that Nair had previously been released on bail.

“Considering nature of offence coupled with the fact that applicant was already released on bail and chargesheet is already filed, I find it would be just and proper to give one opportunity to applicant and thereby to enlarge applicant on bail. However, condition that he shall attend the trial Court on given dates and co-operate in trial needs to be incorporated,” Judge Tawshikar stated in his order.

The court emphasized the need for Nair to cooperate in the trial, considering that a co-accused was still in judicial custody.

Bail Conditions:

Nair was granted bail on the following conditions:

• He must execute a personal bond of Rs. 10,000 with one surety of the same amount.
• He must attend all court hearings and cooperate in the trial.
• His absence from court may result in the cancellation of his bail.
• He must not directly or indirectly influence, threaten, or promise any witnesses or tamper with evidence.
• He must provide proof of his Mumbai residence and his active phone number to the police station within seven days of his release.
• He must not commit any criminal offense while on bail.
• Bail before the learned trial court.

Implications:

This case highlights the court’s emphasis on ensuring the accused’s presence and cooperation in the trial, especially when a co-accused is still in custody. It also demonstrates the court’s willingness to grant bail in cases of petty theft, provided that the accused complies with the conditions imposed. It also shows the courts willingness to give a second chance, even if a warrant was issued.