Full Judgment
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023/8TH ASWINA, 1945 BAIL APPL. NO. 8276 OF 2023 CRIME NO. 771/2023 OF NOORANADU POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED NO.1:
SHANU, AGED 25 YEARS, S/O MAJEED, BINU MANZIL, NEAR PAZHAKULAM L.P. SCHOOL, PALLIKKAL, ADOOR,PIN - 689693. BY ADVS.M/S.MANSOOR.B.H., V.SREEJITH, ANISH K. & SAKEENA BEEGUM RESPONDENTS/COMPLAINANT/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 2 STATION HOUSE OFFICER, NOORANADU POLICE STATION, ALAPPUZHA DISTRICT- 690504. SMT.T.V.NEEMA, SR.P.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
B. A. No. 8276 of 2023 Dated this the 30th day of September, 2023
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the first accused in Crime No. 771/2023 of Nooranadu Police Station, Alappuzha, for having committed offences punishable under Sections 379, 468, 471 r/w 34 of the IPC.
2. The allegation against the petitioner is that on 27.3.2023 at about
2.30 a.m., the accused committed theft of a motorbike having Reg.No. Tn 75 AK 7594 and thereafter, changed its number plate with Reg.No. KL 11 AX 3946, the accused is alleged to have committed the offences mentioned above.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody ..3.. from 29.8.2023, and the continued custody of the petitioner is unnecessary.
4. The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.
5. After having considered the submissions of the learned counsel
for the petitioner and the learned Public Prosecutor and taking into account the allegations against the petitioner that a bike was stolen and its registration number changed and considering the fact the investigation is almost over and the recovery of the bike has been effected, and that petitioner is in custody from 29.8.2023 and also, since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional court;
2. The petitioner shall report before the Investigating Officer as and ..4.. when directed.
3. The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
4. The petitioner shall not be involved in any other crime while on bail.
5. The petitioner shall surrender his Passport before the jurisdictional
court. If the petitioner does not have a Passport, he shall execute an affidavit to that effect and file the same before the said court within seven days from the date of his release on bail. If any of the above conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law. Sd/- MOHAMMED NIAS C. P., JUDGE MMG