Jayakrishnan Vs STATE OF KERALA - Court Judgment

SooperKanoon Citationsooperkanoon.com/1619340
CourtKerala High Court
Decided OnApr-30-2021
Case NumberBail Appl./2583/2021
JudgeHonourable Dr. Justice Kauser Edappagath
AppellantJayakrishnan
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable dr. justice kauser edappagath friday, the 30th day of april 2021 / 10th vaisakha, 1943 bail appl..no.2583 of 2021 crime no.1104/2019 of manarcaud police station , kottayam petitioner/accused: jayakrishnan, aged 23 years s/o jayakumar,plakuzhiyil house thiruvanchoor p.o, manarcad village kottayam district,pin 686019 by adv. sri.v.visal ajayan respondents: 1 state of kerala represented by public prosecutor,high court of kerala 2 addl. r2 somasekaran nair aged 61 years s/o.ramakrishna pillai, thevarakunnel house, thembraal kadavu bhagom vadavathoor kara, vijayapuram village, manarkad, kottayam, kerala-686019 is impleaded as addl r2 as perorder dated 20/4/2021 in crl ma1/2021r1 by public prosecutor smt. sreeja v. this bail application having come up for admission on 30.04.2021, the court on the same day passed the following: ..2.. --------------------------------------orderthis is an application for anticipatory bail filed under section 438 of the code of criminal procedure by the accused in crime no.1104 of 2019 of manarcad police station. the offences involved are under sections 457 and 380 of the indian penal code.2. the prosecution case in short is that on24.11.2019, the petitioner had trespassed into the house of the de facto complainant and committed theft of gold chain, rs.11,000/- kept in the purse and a mobile phone and thereby committed the offence.3. heard both sides.4. on hearing both sides, i am not inclined toinvoke the extraordinary jurisdiction vested with this court under section 438 of cr.p.c.. the learned counsel for the petitioner submitted that the petitioner is prepared to ..3.. surrender before the investigating officer. hence, this application is disposed of as follows: the petitioner shall surrender before the investigating officer within ten days from today. in the event of his arrest, , after interrogation, he shall be produced before the jurisdictional magistrate. if the petitioner moves any bail application, the same shall be considered and disposed of by the jurisdictional magistrate on the same day itself. sd/- dr. kauser edappagath judge ds 30.04.2021
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 30TH DAY OF APRIL 2021 / 10TH VAISAKHA, 1943 Bail Appl..No.2583 OF 2021 CRIME NO.1104/2019 OF Manarcaud Police Station , Kottayam PETITIONER/ACCUSED: JAYAKRISHNAN, AGED 23 YEARS S/O JAYAKUMAR,PLAKUZHIYIL HOUSE THIRUVANCHOOR P.O, MANARCAD VILLAGE KOTTAYAM DISTRICT,PIN 686019 BY ADV. SRI.V.VISAL AJAYAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 2 ADDL. R2 SOMASEKARAN NAIR AGED 61 YEARS S/O.RAMAKRISHNA PILLAI, THEVARAKUNNEL HOUSE, THEMBRAAL KADAVU BHAGOM VADAVATHOOR KARA, VIJAYAPURAM VILLAGE, MANARKAD, KOTTAYAM, KERALA-686019 IS IMPLEADED AS ADDL R2 AS PER

ORDER DATED 20/4/2021 IN CRL MA1/2021

R1 BY PUBLIC PROSECUTOR SMT. SREEJA V. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2.. --------------------------------------

ORDER

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure by the accused in Crime No.1104 of 2019 of Manarcad Police Station. The offences involved are under Sections 457 and 380 of the Indian Penal Code.

2. The prosecution case in short is that on

24.11.2019, the petitioner had trespassed into the house of the de facto complainant and committed theft of gold chain, Rs.11,000/- kept in the purse and a mobile phone and thereby committed the offence.

3. Heard both sides.

4. On hearing both sides, I am not inclined to

invoke the extraordinary jurisdiction vested with this Court under Section 438 of Cr.P.C.. The learned counsel for the petitioner submitted that the petitioner is prepared to ..3.. surrender before the Investigating Officer. Hence, this application is disposed of as follows: The petitioner shall surrender before the Investigating Officer within ten days from today. In the event of his arrest, , after interrogation, he shall be produced before the jurisdictional Magistrate. If the petitioner moves any bail application, the same shall be considered and disposed of by the jurisdictional Magistrate on the same day itself. Sd/- DR. KAUSER EDAPPAGATH JUDGE ds 30.04.2021