Binesh vs State Of Kerala

Kerala High Court

Binesh vs State Of Kerala on 14 May, 2024

B.A. No. 3718/2024

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           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                     BAIL APPL. NO. 3718 OF 2024
   CRIME NO.180/2024 OF KORATY POLICE STATION, THRISSUR


      AGAINST THE ORDER/JUDGMENT DATED 18.04.2024 IN CR
NO.180 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
CHALAKUDY


PETITIONER/1ST ACCUSED:

            BINESH, AGED 43 YEARS,
            S/O.SREEDHARAN, PAYANINGAL HOUSE, KARAMATTAM
            DESOM,KARUKUTTY VILLAGE, ERNAKAULAM DISTRICT,
            PIN - 683576.

            BY ADVS.M/S. N.L.BITTO & MITHUL T ANTO


RESPONDENT/COMPLAINANT:

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

            SRI.RENJITH GEORGE, P.P.


       THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A. No. 3718/2024

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                       MOHAMMED NIAS C. P. , J.
                     =========================
                           B. A. No. 3718 of 2024
                     =========================
                     Dated this the 14th day of May, 2024

                                 ORDER

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

2. The petitioner is the first accused in Crime No. 180/2024 of Koratty Police Station, Thrissur, for having committed offences punishable under Sections 447, 435, 436, 506(1) r/w 34 of the Indian Penal Code.

3. The allegation is that, on 18.2.2024 at about 4.00 AM, the petitioner along with other accused criminally trespassed into the house of the first informant at Kunnappilly and set fire to the motorcycle parked there and due to the act of the accused, wiring of the house was damaged and roof sheet of the house was caught up with fire. Thereby, the first informant sustained a loss of Rs.40,000/-. Thus, the accused is alleged to have committed the aforementioned offences.

4. The learned counsel for the petitioner submits that the petitioner B.A. No. 3718/2024 ..3..

is innocent of the allegations levelled against him and has been falsely implicated in the crime. At any rate, he points out that the petitioner has been in custody since 27.2.2024, and the continued custody of the petitioner is unnecessary.

5. The learned Public Prosecutor opposed the petition.

6. I have heard both sides.

7. Taking note of the facts that the petitioner has been detained since 27.2.2024, there are no antecedents reported against him, the relationship between the petitioner and the informant and also, since the prosecution has raised no apprehension of the petitioner absconding if he is released on bail, I am inclined to grant bail to the petitioner.

8. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

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

ii. The petitioner will deposit an amount of Rs.20,000/- (Rupees Twenty Thousand only) within seven days from the date of B.A. No. 3718/2024 ..4..

release before the court having jurisdiction; iii.The petitioner shall fully cooperate with the trial and shall attend the Court on all posting dates except when his absence is permitted by the court concerned; iv.The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial; v. The petitioner shall not commit any offence while on bail; vi.The petitioner shall not leave the country without the permission of the Court having jurisdiction; vii.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG B.A. No. 3718/2024 ..5..

APPENDIX OF BAIL APPL.NO.3718/2024 PETITIONER'S ANNEXURES:

ANNEXURE-1 A TRUE COPY OF THE FIR IN CRIME NO.180 OF 2024 OF KORATTY POLICE STATION DATED 18/2/2024 ANNEXURE-2 A TRUE COPY OF THE ORDER IN CRL.MP.3376 OF 2024 OF THE MAGISTRATE COURT CHALAKUDY DATED 18/4/2024 ANNEXURE-3 A TRUE COPY OF THE REMAND REPORT IN CRIME NO.180 OF 2024 OF KORATTY POLICE STATION DATED 28/2/2024