Furooz Dileep vs State Of Kerala
2023 Latest Caselaw 10610 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                   THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

           MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945

                            BAIL APPL. NO. 8802 OF 2023

        CRIME NO.614/2023 OF ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA

 AGAINST THE ORDER/JUDGMENT CC 1124/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                                 -I, ALAPPUZHA
PETITIONER/S:

                FUROOZ DILEEP
                AGED 35 YEARS
                S/O MUHAMMED DILEEP, KOTTAYIL HOUSE, ERRATTUPETTA, KOTTAYAM,
                PIN - 686121

                BY ADV P.A.MUJEEB




RESPONDENT/S:

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

                SRI.P.G.MANU (MAMMALASSERY) SR. PUBLIC PROSECUTOR

      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL.NO.8802 OF 2023

                              2




                            O R D E R

This application is filed under Section 439 of the Code of

Criminal Procedure seeking regular bail.

2. Petitioner is the accused in Crime No.614/2023 of

Alappuzha South Police Station, Alappuzha District, for having

committed offences punishable under Section 379 of the Indian

Penal Code.

3. The allegation against the petitioner is that the accused,

with his intention to commit theft, on 13/06/2023 between

1.00 a.m. and 7.00 a.m., committed theft of a NTORQ scooter

bearing registration No.KL-04-AS-2023 from the lawful

possession of the informant Reshma from the courtyard of her

Chiramurickal house in Kuthirapanthy ward, Alappuzha and

thereby, the petitioner alleged to have committed the offence.

4. The learned counsel appearing for the petitioner would

say that the petitioner is totally innocent and falsely implicated

with ulterior motives. At any rate, he points out that the BAIL APPL.NO.8802 OF 2023

petitioner has been in custody since 18.07.2023, and continued

custody of the petitioner is unnecessary.

5. The learned Public Prosecutor opposed the petition and

points out that the petitioner is not entitled to get bail.

6. Taking into account the antecedents reported against

the petitioner for having committed similar offences, the chance

of the petitioner again being involved in similar crimes cannot

be ruled out. Hence, I do not find this as a fit case in which bail

can be granted to the petitioner.

Accordingly, the Bail Application is dismissed.

Sd/-

MOHAMMED NIAS C.P.

JUDGE shg BAIL APPL.NO.8802 OF 2023

APPENDIX OF BAIL APPL. 8802/2023

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE ORDER IN CMP NO. 1820/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I AT ALAPPUZHA DATED 20/09/2023