Vishnu Saresh vs State Of Kerala Represented By ...
2022 Latest Caselaw 11644 Ker

Citation : 2022 Latest Caselaw 11644 Ker
Judgement Date : 20 December, 2022

Kerala High Court

Vishnu Saresh vs State Of Kerala Represented By ... on 20 December, 2022

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                      BAIL APPL. NO. 9838 OF 2022
    CRIME NO.435/2022 OF TIRUR POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:

             VISHNU SARESH, AGED 18 YEARS, ALUKKAL HOUSE,
             MANATHALA BABY ROAD, POST CHAVAKKAD, THRISSUR
             DISTRICT, PIN - 680506
             BY ADVS.
             T.K.ASOKAN
             RASMI NAIR T.
             K.R.DALLY


RESPONDENTS:

    1        STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
             HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2        THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION,
             MALAPPURAM DISTRICT - 676 101

             BY ADV.
             PP - NIMA JACOB


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.12.2022,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BA No.9838 of 2022
                                  .. 2 ..



             VIJU ABRAHAM, J.
       ====================
            B.A. No.9838 of 2022
       ====================
                Dated this the 20th day of December, 2022

                              ORDER

This is an application for anticipatory bail.

2. The petitioner is accused No.1 in Crime No.435/2022

of Tirur Police Station, Malappuram alleging commission of

offence punishable under Section 379 r/w Section 34 of the IPC.

3. The prosecution allegation is that, on 02.05.2022, the

accused had stolen the bike with the help of accused Nos.3 and

4 and changed the number plate and used for their own

purposes and thereby committed the aforesaid offences.

4. The learned counsel for the petitioner submitted that

he has been falsely implicated in the above said crime and he is

a student and he is aged only 18 years. In fact the alleged

stolen bike was given by the defacto complainant to the 3 rd

accused for discharge of his debt. Except the petitioner, all the

other accused were arrested. It is further submitted that the

vehicle has been recovered from the possession of accused

Nos.3 and 4.

BA No.9838 of 2022 .. 3 ..

5. The learned Public Prosecutor opposed the

application for bail mainly contending that on routine checking,

the bike was intercepted and on questioning accused Nos.3 and

4, who were found travelling in the motor bike, it is revealed

that the bike was given by accused Nos.1 and 2 and therefore

the petitioner herein is arrayed as an accused in the present

crime. It is further submitted that the petitioner is involved in

another crime.

6. Having regard to the facts and circumstances of the

case and considering the fact that the petitioner is a student and

he is aged only 18 years and further that the recoveries have

already been effected, I am of the opinion that custodial

interrogation may not be required for the purpose of the

investigation and only a limited custody be granted for the

same. In the result, this application is allowed. It is directed

that the petitioner shall surrender before the investigating

officer on 29.12.2022, at 11 a.m, and subject himself for

interrogation on that day and on any other day/days as directed

by the investigating officer. The petitioner shall co-operate with

the investigation. In the event of arrest of the petitioner in

Crime No.435/2022 of Tirur Police Station, Malappuram, he shall BA No.9838 of 2022 .. 4 ..

be produced before the jurisdictional Court on the very same

day and shall be released on bail, subject to the following

conditions:-

(i) Petitioner shall execute a bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) with

two solvent sureties each for the like-sum to

the satisfaction of the jurisdictional court ;

(ii) The petitioner shall appear before the

investigating officer in Crime No.435/2022 of

Tirur Police Station, Malappuram, on every

Saturday, at 11 am, until the filing of the final

report;

(iii) Petitioner shall appear before the

investigating officer in Crime No.435/2022 of

Tirur Police Station, Malappuram as and when

summoned to do so;

(iv) The petitioner shall not attempt to (contact

the victim or the defacto complainant) or

interfere with the investigation or to influence

or intimidate any witness in Crime

No.435/2022 of Tirur Police Station, BA No.9838 of 2022 .. 5 ..

Malappuram;

(v) The petitioner shall not involve in any other

crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.435/2022 of Tirur Police

Station, Malappuram may file an application before the

jurisdictional Court, for cancellation of bail.