Vysakh Baiju vs State Of Kerala
2024 Latest Caselaw 11902 Ker

Kerala High Court

Vysakh Baiju vs State Of Kerala on 3 May, 2024

 B A.NO. 3422 of 2024
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
       FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
                        BAIL APPL. NO. 3422 OF 2024
       CRIME NO.250/2024 OF Harbour Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.240 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,KOCHI
PETITIONER/S:

            VYSAKH BAIJU,
            AGED 24 YEARS
            S/O BAIJU,KALAKKANJERI HOUSE,VATHURUTHY MALSYAPURI
            P.O,KOCHI, PIN - 682029
            BY ADV C.J.VARGHESE VINU


RESPONDENT/S:

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

            SRI. SANAL P. RAJ -PP


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B A.NO. 3422 of 2024
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                  P.G. AJITHKUMAR, J.
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                   B.A.No.3422 of 2024
        --------------------------------------
          Dated this the 3rd day of May, 2024

                                 O R D E R

This is an application for bail filed under

Section 439 of the Code of Criminal Procedure, 1973.

2. The petitioner is the accused in Crime No.250

of 2024 of Harbour Police Station, Ernakulam. The

offences alleged against him are punishable under

Sections 457 and 380 of the Indian Penal Code, 1860.

3. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

4. The allegations are that he committed house

breaking and theft of engine parts worth Rs.32,500/-

from a firm named RF Body Works situated at

Mattanchery between 7 pm on 06.02.2024 and 7 am on

07.02.2024..

5. The learned Public Prosecutor would submit

that the petitioner is involved in several similar

offences and in one of such cases, where he was on

bail, he violated the bail conditions and steps for

cancellation of his bail is being initiated. B A.NO. 3422 of 2024

6. Considering that fact, I am not able to

accept the contentions of the petitioner in support of

his plea to seek bail. It is further submitted by the

learned Public Prosecutor that final report is already

submitted before the jurisdictional Magistrate.

In such circumstances, this application for bail

is dismissed, however, without prejudice to the right

of the petitioner to move the trial Court seeking

bail. It is made clear that, in the event of filing an

application for bail by the petitioner, the trial

court shall decide the application on merits

untrammelled by any of the observations in the orders

of the Sessions Judge in Crl.M.C No.1057/2024

Sd/-

P.G. AJITHKUMAR,JUDGE SM B A.NO. 3422 of 2024

APPENDIX OF BAIL APPL. 3422/2024

PETITIONER ANNEXURES Annexure A1 ANNEXURE A1 ORDER DATED 16/04/2024