Abhijith vs State Of Kerala
2021 Latest Caselaw 22014 Ker

Citation : 2021 Latest Caselaw 22014 Ker
Judgement Date : 3 November, 2021

Kerala High Court

Abhijith vs State Of Kerala on 3 November, 2021

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                     BAIL APPL. NO. 8283 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1943/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS, VAIKOM, KOTTAYAM
    CRIME NO.1197 OF 2021 OF VELLOOR POLICE STATION, KOTTAYAM


PETITIONER/ACCUSED NO.1 :-

            ABHIJITH
            AGED 24 YEARS
            S/O.AJITKUMAR, THEKKINEZHATHU VYPPEL VEETTIL,
            VELLOOR VILLAGE, VELLOOR KARA, VAIKOM TALUK,
            KOTTAYAM DISTRICT, PIN 686 609

            BY ADVS.
            C.M.NAZAR
            MANSOOR.B.H.



RESPONDENTS/COMPLAINANT & STATE :-

    1       STATE OF KERALA
            REP.BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM 682 031

    2       STATION HOUSE OFFICER
            VELLOOR POLICE STATION,
            KOTTAYAM DISTRICT PIN 686 609

            BY SRI.NOUSHAD K.A, SR.PP




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8283 OF 2021
                                      2

                                 ORDER

Application for regular bail.

2. The petitioner who is the first accused in

Crime No.1197 of 2021 of Velloor Police Station,

Kottayam District registered for the offences

punishable under Sections 406 and 420 r/w Section 34

of the Indian Penal Code, has moved this application

for his release on bail.

3. The FIR and the connected records would

reveal that this petitioner is a close friend of the

son of the defacto complainant as well the second

accused. This petitioner had taken the vehicle owned

by the defacto complainant and then handed over to

his friend, the second accused. The second accused

without the knowledge and consent of the defacto

complainant handed over the same to the third

accused, who sold the same and misappropriated the

money received by him. Thereby, they have committed

the aforesaid offences.

4. The petitioner has been in custody since BAIL APPL. NO. 8283 OF 2021

15.10.2021.

5. Heard the learned counsel for the petitioner

as well the learned Public Prosecutor.

6. The learned counsel for the petitioner would

submit that he is aged only 24 years and he is an

Engineering graduate. He was having close

acquaintance with the son of the defacto complainant

and thus he has taken vehicle. The second accused is

also his close fried. Thus he handed over the vehicle

but without his knowledge, the second accused had

handed over the same to the third accused. This

petitioner has absolutely no connection with the

third accused. In fact, he has not committed any

offence as alleged. But he is undergoing

incarceration since 15.10.2021.

7. The learned Public Prosecutor on instruction

submits that the vehicle involved in the case had

already been recovered from Chennai. Now the

investigation of the case is practically over. It is

further submitted that this petitioner is having no

criminal antecedents.

BAIL APPL. NO. 8283 OF 2021

8. This petitioner is aged only 24 years having

no criminal antecedents. The vehicle involved in this

case has also been recovered by the investigating

agency and the investigation is nearing completion.

Hence, further detention of this petitioner is not

required to proceed with the investigation of the

case for filing the charge sheet. Therefore, I am

inclined to release him on bail subject to the

following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii)He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii)The petitioner 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.