Abilash vs State Of Kerala
2021 Latest Caselaw 21727 Ker

BAIL APPL. NO. 8237 OF 2021               1




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE SHIRCY V.
 TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                      BAIL APPL. NO. 8237 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CRMC 1172/2021 OF DISTRICT
           COURT & SESSIONS COURT,KOZHIKODE, KOZHIKODE
        (CRIME NO.441 OF 2021 OF NALLALAM POLICE STATION)
PETITIONERS/ACCUSED NOS.1 TO 3

    1        ABILASH
             AGED 36 YEARS
             S/O.SREEDHARAN, CHERATHPARAMBIL HOUSE, THANUR P.O.,
             MALAPPURAM DISTRICT
    2        MUHAMMED SHAFI
             AGED 36 YEARS
             S/O.SIDDIQUE, CHIRAMMA PARAMBIL HOUSE, CHENNARA
             P.O., MALAPPURAM DISTRICT
    3        MUHAMMAD RAFEEQUE
             AGED 34 YEARS
             S/O.MUHAMMAD, MUKKATHAYIL HOUSE, KUTTIPURAM P.O.,
             MALAPPURAM
             BY ADV P.J.JUSTINE


RESPONDENT/COMPLAINANT

             STATE OF KERALA
             REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM, KOCHI 31
             SR GP SRI NOUSHAD K A

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.11.2021,     THE    COURT   ON   THE       SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO. 8237 OF 2021            2




                                ORDER

Application for regular bail filed under Section 439 of the

Code of Criminal Procedure.

2. The petitioners are the accused Nos.1 to 3 in Crime No.441

of 2021 of Nallalam Police Station registered for the offences

punishable under Sections 379 of the Indian Penal Code.

3. They have been in custody since 16.08.2021.

4. The allegation is that on 16.08.2021 at about 14.30

hours while the defacto complainant was travelling in a stage

carriage bus bearing Reg.No.KL-11-B-1077, these petitioners

together have committed theft of his mobile phone and thereby

committed the aforesaid offences.

5. Heard the learned counsel for the petitioners as well the

learned Public Prosecutor.

6. The learned counsel for the petitioners has raised a plea

of false implication.

7. Though the learned Public Prosecutor has refuted the said

submission, it is revealed from the records that the investigation of

the case is almost complete and charge sheet will be filed by the

investigating agency within no time.

8. The recovery of the article lost from the possession of the

defacto complainant had also been effected by the investigating

agency. Now the investigation is almost complete. So further

detention of the these petitioners in custody is found quite

unnecessary. Therefore, I am inclined to release them on bail

subject to the following conditions.

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

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the

jurisdictional court is at liberty to cancel the bail in accordance with

the law.

Sd/-

SHIRCY V

JUDGE

smm