Kerala High Court
Binesh vs State Of Kerala on 14 May, 2024
B.A. No. 3718/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
BAIL APPL. NO. 3718 OF 2024
CRIME NO.180/2024 OF KORATY POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 18.04.2024 IN CR
NO.180 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
CHALAKUDY
PETITIONER/1ST ACCUSED:
BINESH, AGED 43 YEARS,
S/O.SREEDHARAN, PAYANINGAL HOUSE, KARAMATTAM
DESOM,KARUKUTTY VILLAGE, ERNAKAULAM DISTRICT,
PIN - 683576.
BY ADVS.M/S. N.L.BITTO & MITHUL T ANTO
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031.
SRI.RENJITH GEORGE, P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 3718/2024
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MOHAMMED NIAS C. P. , J.
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B. A. No. 3718 of 2024
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Dated this the 14th day of May, 2024
ORDER
This is an application filed under Section 439 of the Code of
Criminal Procedure seeking regular bail.
2. The petitioner is the first accused in Crime No. 180/2024 of
Koratty Police Station, Thrissur, for having committed offences
punishable under Sections 447, 435, 436, 506(1) r/w 34 of the Indian
Penal Code.
3. The allegation is that, on 18.2.2024 at about 4.00 AM, the
petitioner along with other accused criminally trespassed into the house
of the first informant at Kunnappilly and set fire to the motorcycle parked
there and due to the act of the accused, wiring of the house was damaged
and roof sheet of the house was caught up with fire. Thereby, the first
informant sustained a loss of Rs.40,000/-. Thus, the accused is alleged to
have committed the aforementioned offences.
4. The learned counsel for the petitioner submits that the petitioner
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is innocent of the allegations levelled against him and has been falsely
implicated in the crime. At any rate, he points out that the petitioner has
been in custody since 27.2.2024, and the continued custody of the
petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition.
6. I have heard both sides.
7. Taking note of the facts that the petitioner has been detained
since 27.2.2024, there are no antecedents reported against him, the
relationship between the petitioner and the informant and also, since the
prosecution has raised no apprehension of the petitioner absconding if he
is released on bail, I am inclined to grant bail to the petitioner.
8. Accordingly, this application is allowed, and the petitioner is
granted bail subject to the following conditions:-
i. The petitioner shall be released on bail on executing a bond for
Rs.50,000/- (Rupees Fifty Thousand only) with two solvent
sureties each for the like sum to the satisfaction of the court
having jurisdiction;
ii. The petitioner will deposit an amount of Rs.20,000/- (Rupees
Twenty Thousand only) within seven days from the date of
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release before the court having jurisdiction;
iii.The petitioner shall fully cooperate with the trial and shall
attend the Court on all posting dates except when his absence is
permitted by the court concerned;
iv.The petitioner shall not intimidate or attempt to influence the
witnesses, nor shall he tamper with the evidence or do anything
that might adversely affect the trial;
v. The petitioner shall not commit any offence while on bail;
vi.The petitioner shall not leave the country without the
permission of the Court having jurisdiction;
vii.In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the
application for cancellation of bail and pass appropriate orders
in accordance with law.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
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APPENDIX OF BAIL APPL.NO.3718/2024
PETITIONER'S ANNEXURES:
ANNEXURE-1 A TRUE COPY OF THE FIR IN CRIME NO.180
OF 2024 OF KORATTY POLICE STATION
DATED 18/2/2024
ANNEXURE-2 A TRUE COPY OF THE ORDER IN
CRL.MP.3376 OF 2024 OF THE MAGISTRATE
COURT CHALAKUDY DATED 18/4/2024
ANNEXURE-3 A TRUE COPY OF THE REMAND REPORT IN
CRIME NO.180 OF 2024 OF KORATTY POLICE
STATION DATED 28/2/2024
