Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 CRIME NO.649 OF 2023 OF KALAMASSERY POLICE STATION PETITIONERS:
1 SURJITH, AGED 18 YEARS,S/O SATHEESHAN, THOPPILAPARAMBIL HOUSE, THRIKKAKKARA P.O., VAZHAKALA, KARIMAKKADU, KERALA - 682 021. 2 SAFAR, AGED 20 YEARS, S/O SUBAIR, PALLIPARAMBIL HOUSE, MASJID ROAD, VATTEKUNNAM, THRIKKAKKARA NORTH, KOCHI -682 024. PIN - 682024 3 PRAVEEN, AGED 19 YEARS, S/O CHELLAPPAN, NJARAKKATTIL HOUSE, CHANGAMPUZHA NAGAR, THRIKKAKKARA P.O., ERNKAULM - 682 033. 4 LABEEB, AGED 20 YEARS, S/O SHAJI, ERUKKATTUPARAMBIL HOUSE, BM NAGAR, EDAPPALLY P.O, THRIKKAKKARA, KOCHI - 682 024. PIN - 682024 BY ADVS. ANEESH K.R SAURAV B.
RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PINCODE - 682 031. BY SRI. P.G. MANU, SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
------------------------------- B.A.No.3188 of 2023 -------------------------------------------------------- Dated this the 25th day of April, 2023
ORDER
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. The petitioners are the accused in Crime No.649 of
2023 of Kalamassery Police Station. They allegedly had committed the offences punishable under Sections 457 and 380 read with Section 34 of the Indian Penal Code 1860.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. The prosecution allegation is that the accused in
furtherance of their common intention committed lurking house trespass by entering into the rented house of the de- facto complainant at Edappally Toll Gate, Thrikkakara North Village at the intervening hours of 10.00PM on 24.03.2023 and 04.00AM on 25.03.2023 and committed theft of Samsung Galaxy F23-5G mobile phone worth Rs.16,000/- and thereby committed the aforesaid offences.
5. The petitioners would contend that they did not
involve in the alleged crime and without any material or evidence, they have been implicated in the crime. They are innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for their further detention.
6. The learned counsel appearing for the petitioners
would submit that considering the age of the petitioners and the period of their custody in connection with this crime, they are entitled to be released on bail. The learned counsel further would submit that the recovery of the stolen article is already effected and the investigation has practically been over.
7. The learned Public Prosecutor would submit that on the same day, these petitioners had committed another offence of similar nature and a crime in that regard also is pending investigation.
8. However, considering the tender age of the
petitioners and the fact that they did not involve in any other crime previously, I am of the view that the petitioners are entitled to be released on bail subject to conditions. In the result, the bail application is allowed and the petitioners are granted bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to 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;
(iv) They shall not leave the territorial limits of
Ernakulam District without obtaining permission from the Judicial First Class Magistrate Court, Kalamassery till the trial is over. 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 DK APPENDIX OF BAIL APPL. 3188/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO Annexure A2 THE TRUE COPY OF THE ORDER DATED 13.04.2023 IN CMP NO 683/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT KALAMASSERY