Ramshad @ Raja vs State Of Kerala
2023 Latest Caselaw 10613 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. 8754 OF 2023
        CRIME NO.294/2023 OF Pozhiyoor Police Station,
                          Thiruvananthapuram
 AGAINST THE ORDER/JUDGMENT CC 453/2023 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I,NEYYATINKARA
PETITIONER

             RAMSHAD @ RAJA
             AGED 23 YEARS
             S/O. SHAJAHAN, SHAHANA MANZIL, NEAR PRDS, ARCH,
             KOTTAMAM, DHANUVACHAPURAM, KOLLAYIL VILLAGE,
             NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695503

             BY ADV K.RAKESH

RESPONDENTS

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

    2        THE STATION HOUSE OFFICER
             POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM
             DISTRICT, PIN - 695513

             BY SRI.P.G. MANU SR.PP


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.8754 of 2023
                                      2



                       MOHAMMED NIAS C.P, J.
                    ---------------------------------------------
                       B.A. No. 8754 of 2023
             ------------------------------------------------------
             Dated this the 16th day of October, 2023


                              ORDER

This is an application for regular bail filed under Section

439 of the Code of Criminal Procedure.

2. The petitioner is the 1 st accused in Crime No.

294/2023 of Pozhiyoor Police Station, which was registered for

the offences punishable under Sections 379 and 34 of the IPC.

3. The allegation against the petitioner is that on 19.03.2023

at about 3.00 p.m, the petitioner along with the other accused

persons travelled in a car and when they reached a place called

Aayiramalakkal, the petitioner got down from the car and

committed theft of motorcycle bearing Reg.No.KL19/E4505

worth Rs.50,000/- which was parked there and thus committed

the aforesaid offence. The petitioner was arrested on 30.05.2023

and since then, he has been under judicial detention.

4. The learned counsel for the petitioner submits that

the petitioner is innocent of all the allegations and is falsely B.A. No.8754 of 2023

implicated in the case.

` 5. The learned Public Prosecutor opposes the prayer sought

by the petitioner.

6. I have gone through the records. From the materials

placed on record, it is evident that there are specific allegations

against the petitioner and after taking into account the number of

crimes reported against the petitioner, namely 38 in number, I do

not find this as a fit case in which bail can be granted to the

petitioner as there is every likelihood of him committing similar

offences , intimidating the witnesses, obstructing the

investigation and the trial of the case, if released on bail. Hence,

I do not find any merit in this application, and accordingly, the

same is dismissed.

Sd/-

                                         MOHAMMED NIAS C.P

smm                                             JUDGE
 B.A. No.8754 of 2023




               APPENDIX OF BAIL APPL. 8754/2023

PETITIONER ANNEXURES
Annexure A        A TRUE COPY OF THE ORDER IN

CRL.M.C.NO.2110/2023 FILED BEFORE THE COURT OF THE SESSIONS JUDGE, THIRUVANANTHAPURAM DATED 10-08-2023