Kerala High Court
Vipin M V vs State Of Kerala on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
BAIL APPL. NO. 9145 OF 2023
(CRIME NO.1110 OF 2023 OF OLLUR POLICE STATION)
PETITIONER
VIPIN M V
AGED 32 YEARS
S/O VAVACHAN, MECHERY HOUSE KAVITHA ROAD, KUTTANELLUR
(PO) PUTHUR, VETTUKAD, THRISSUR, PIN - 680014
BY ADVS.
PREEJA V.P.
V.P.PRASANTH
VARSHA S.
RESPONDENT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
OTHER PRESENT:
SMT.T.V.NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 9145 of 2023
2
MOHAMMED NIAS C.P, J.
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B.A. No. 9145 of 2023
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Dated this the 19th day of October, 2023
ORDER
Apprehending arrest in Crime No.1110 of 2023 of Ollur police station registered for offences under Sections 379 IPC, the petitioner has filed this petition seeking pre-arrest bail.
2. The prosecution allegation is that between 2.00 p.m. on 27.09.2023 and 10.00 a.m. on 29.09.2023, a TEXMO motor of HP, which costs around Rs.10,000/- and under construction, was alleged to have been stolen by the petitioner from the well in the house of one Shyjan, at Kuttanellur. Thereby, the petitioner has committed the aforesaid offences.
3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
4. After hearing the learned counsel for the petitioner and the learned Public Prosecutor, it cannot be said that the offences alleged are not attracted in the case. Considering the charges levelled against the petitioner that he had stolen the motor and B.A. No. 9145 of 2023 3 sold the same, I am of the view that the petitioner is not entitled to get anticipatory bail as it will adversely affect a proper investigation.
5. Therefore, the following directions are issued:-
In the event the petitioner surrenders before the Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.
The bail application is disposed of as above.
Sd/-
MOHAMMED NIAS C.P
smm JUDGE
B.A. No. 9145 of 2023
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APPENDIX OF BAIL APPL. 9145/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR NO. 1110 OF 2023,
DATED 02-10-2023, REGISTERED BY OLLUR POLICE,THRISSUR Annexure A2 A TRUE COPY OF THE WEDDING INVITATION OF THE PETITIONER Annexure A3 A TRUE COPY OF THE PRE-CANA COURSE CERTIFICATE OF THE PETITIONER Annexure A4 A TRUE COPY OF THE PRE-CANA COURSE CERTIFICATE OF THE BRIDE OF PETITIONER