Praveen vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 03, 2024

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Citation: sooperkanoon.com/1319586
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jan 03, 2024
Case Number: Bail Appl./11323/2023

Parties & Advocates

Appellant / Petitioner

Praveen

Respondent

State of Kerala

Excerpt

.....registered against him for the offence under section 394 of the indian penal code. the petitioner was arrested on 12.11.2023.2. the prosecution allegation is that: the petitioner along with two other accused had with the common intention attempted to commit theft. thepetitioner searched the pocket of the defacto complainant, who was sleeping in the ksrtc bus stand. while so, the 2nd accused took the bag of the defacto complainant and ran away. the 1st accused fisted the defacto complainant on his face. thus, the accused have committed the above offence.3. heard; sri.m.g.sreejith, the learned counsel appearing for the petitioner and smt.neema t.v., the learned public prosecutor appearing for the respondents.4. the learned counsel for the petitioner submittedthat the petitioner was arrested as early as on 12.11.2023. the investigation in the case is almost complete. the petitioner is absolutely innocent of the accusation leveled against him. hence, he may be released on bail.5. the learned public prosecutor, on instructions, submitted that the petitioner is involved in two other similar cases. the investigation is only at the nascent stage. hence, the application may be dismissed. on a consideration of the materials on record, particularly the fact that the petitioner has criminal antecedents, that too in cases of similar nature, i am notinclined to exercise the powers of this court under section 439 of the code and enlarge the petitioner on bail because the petitioner may repeat the commission of similar offences and also flee from justice.resultantly, the bail application is dismissed. sd/- c.s.dias judge rkc/03.01.24 appendix of bail appl. 11323/2023 petitioner annexures annexure 1 true copy of fir in crime no.3549/2023 of ernakulam central police station, ernakulam city annexure 2 true copy of order dated 06-12-2023 in c.m.p.no.14109/2023 in the files of chief judicial magistrate court , ernakulam

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945 CRIME NO.3549/2023 OF Ernakulam Central Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT CR 3549/2023 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM PETITIONER/S: PRAVEEN AGED 23 YEARS S/O. PRAKASAN, PUNNATHARADI, KAMMATTIPADAM, ERNAKULAM, PIN - 682005 BY ADVS. M.G.SREEJITH BINCY JOSE ROJIN DEVASSY VIDYAJITH M. ANIL KUMAR P.T. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM, PIN - OTHER PRESENT: SR PP SMT NEEMA T V THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.S.DIAS,J ====================== B.A No.11323 of 2023 ======================= Dated this the 3rd day of January, 2024

ORDER

The application is filed for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 3 rd accused in Crime No.3549/2023 of the Central Police Station, Ernakulam registered against him for the offence under Section 394 of the Indian Penal Code. The petitioner was arrested on 12.11.2023.

2. The prosecution allegation is that: the petitioner along with two other accused had with the common intention attempted to commit theft. The

petitioner searched the pocket of the defacto complainant, who was sleeping in the KSRTC bus stand. While so, the 2nd accused took the bag of the defacto complainant and ran away. The 1st accused fisted the defacto complainant on his face. Thus, the accused have committed the above offence.

3. Heard; Sri.M.G.Sreejith, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor appearing for the respondents.

4. The learned Counsel for the petitioner submitted

that the petitioner was arrested as early as on 12.11.2023. The investigation in the case is almost complete. The petitioner is absolutely innocent of the accusation leveled against him. Hence, he may be released on bail.

5. The learned Public Prosecutor, on instructions, submitted that the petitioner is involved in two other similar cases. The investigation is only at the nascent stage. Hence, the application may be dismissed. On a consideration of the materials on record, particularly the fact that the petitioner has criminal antecedents, that too in cases of similar nature, I am not

inclined to exercise the powers of this Court under Section 439 of the Code and enlarge the petitioner on bail because the petitioner may repeat the commission of similar offences and also flee from justice.

Resultantly, the bail application is dismissed. Sd/- C.S.DIAS JUDGE rkc/03.01.24 APPENDIX OF BAIL APPL. 11323/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF FIR IN CRIME NO.3549/2023 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure 2 TRUE COPY OF ORDER DATED 06-12-2023 IN C.M.P.NO.14109/2023 IN THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT , ERNAKULAM

Same Court & Year Kerala · 2024 Same Parties Praveen vs State of Kerala Same Judge Honourable Mr.Justice C.S.Dias