Kerala High Court
Sudheesh.R vs State Of Kerala on 30 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
BAIL APPL. NO. 1619 OF 2024
CRIME NO.1085/2023 OF Harippad Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN FIR NO.1085 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS- I, HARIPAD
PETITIONER/S:
1 SUDHEESH.R,
AGED 31 YEARS
S/O RAMESHAN, RATHEESH BHAVANAM, KARUVATTA, PIN -
690517
2 SAJITH KUMAR,
AGED 34 YEARS
S/O SADANANDAN RESIDING @ PLANTHARAYIL, KARUVATTA,
ALAPPUZHA, KERALA, PIN - 690517
BY ADV R.KISHORE (KALLUMTHAZHAM)
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER,
HARIPPAD POLICE STATION, HARIPPAD , ALAPPUZHA, PIN -
690514
OTHER PRESENT:
ADV PUSHPALATHA M K -SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B A.NO. 1619 of 2024
2
P.G. AJITHKUMAR, J.
-------------------------------
B.A.No. 1619 of 2024
--------------------------------------
Dated this the 30th day of April, 2024
O R D E R
This is an application for anticipatory bail filed under
Section 438 of the Code of Criminal Procedure, 1973.
2. The petitioners are the accused in Crime No.1085 of
2023 of Harippad Police Station for having allegedly committed
the offences punishable under Section 379 of the Indian Penal
Code 1860.
3. The prosecution allegation is that, during November
2023, batteries installed in the solar pannels errected in Ward
No. 3 of Karuvatta Grama Panchayath were stolen away by the
petitioners. The batteries worth Rs.35,000/-.
4. The petitioners would contend that they did not
involve in the alleged crime and without any material or
evidence, they were implicated in the crime.
5. On instrctions of the Haripad Police Station, the
learned Public Prosecutor, objected the grant of bail to the
petitioners.
B A.NO. 1619 of 2024
6. Having heard the learned counsel on both sides and
considering the nature of the offence, I am of the view that the
detention of the petitioner during the period of investigation is
not necessary in this case.
In the result, the bail application is allowed and the
applicants is directed to surrender before the investigating
officer within two weeks. After interrogation and in the event
of them being arrested, they shall be released on bail on the
execution of a bond for Rs.50,000/- (Rupees fifty thousand
only), with two solvent sureties for the like amount each, to the
satisfaction of the investigating officer, and on the following
conditions:
(i) They shall not influence or intimidate witnesses or
tamper with evidence;
(ii) They shall appear before the investigating officer
as and when called for; and
(iii) During the bail period, They shall not get involved
in any offence.
In case of breach of the bail conditions, the prosecution shall
be at liberty to apply for cancellation of the bail before the
jurisdictional court.
Sd/-
P.G. AJITHKUMAR,
JUDGE
SM
B A.NO. 1619 of 2024
APPENDIX OF BAIL APPL. 1619/2024
PETITIONER ANNEXURES
Annexure :A1 THE TRUE COPY OF THE FIR NUMBERED AS
1085/2023 DATED 22.12.2023
Annexure :A2 THE TRUE COPY OF THE FIS STATEMENT
Annexure :A3 THE TRUE COPY OF THE ORDER IN
CRL.M.P.787/2024 DATED 24TH FEBRUARY 2024
