Adithyan vs State Of Kerala
2023 Latest Caselaw 9326 Ker

B.A.No.7307/23                        1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                       BAIL APPL. NO. 7307 OF 2023
      AGAINST THE ORDER/JUDGMENT CMP 3644/2023 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS -X, THIRUVANANTHAPURAM
PETITIONER/ACCUSED:

             ADITHYAN,
             AGED 19 YEARS,
             S/O.SALIM KUMAR, CHOORAPARAMBIL VEEDU, EDAMAN P.O.,
             10TH WARD, PUNALOOR, KOLLAM DISTRICT, PIN - 691 307.

             BY ADVS.
             R.N.SANDEEP
             B.MUHAMMED SHAHEEL
             KEERTHI VIJAYAN
             RAHUL S.R.



RESPONDENT/STATE:

             STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682 031.

             SRI.C.S.HRITHWIK-SR.PUBLIC PROSECUTOR


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.7307/23                       2



                             ORDER

This is an application filed u/s 439 of the Code of Criminal

Procedure seeking regular bail.

2. Petitioner is the accused in Crime No.1545 of 2023 of

Vanchiyoor Police Station. It is reported that, now the said crime

has been transferred to Ernakulam Town North Police Station and

case was re-numbered as Crime No.1709/2023. Offences alleged

against the petitioner are under Sections 379 and 201 of the Indian

Penal Code.

3. The prosecution case is that, on 28.06.2023 at 11.40 PM

the petitioner was found travelling on a motorcycle without number

plate and he was intercepted by the Sub Inspector of Police.

Thereupon it was revealed that the said vehicle was a stolen

vehicle. The crime was registered in such circumstances. The

petitioner was arrested on the same day and since then he has been

under judicial detention. This application for regular bail is

submitted in such circumstances.

4. Heard Sri.Sandeep R.N, learned counsel for the

petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the

State.

5. I have gone through the records. It is true that there are

specific allegations against the petitioner. It is a fact that the

petitioner has been under judicial custody since 28.06.2023 and

more than 80 days have elapsed. In such circumstances, I am of

the view that further incarceration of the petitioner is not

necessary.

In the result, the application is allowed on the following

conditions:-

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

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required.

(v) The petitioner shall not commit any offence of similar nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to

tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave India without the permission of the trial Court.

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

jurisdictional Court shall be empowered to consider the application

for cancellation of bail, if any, and pass appropriate orders in

accordance with the law.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/25.08.23

APPENDIX OF BAIL APPL. 7307/2023

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE ORDER DATED 25/07/2023 IN CRL. M. P. NO. 3644/2023 IN THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - XI, THIRUVANANTHAPURAM