Ajmal Salim vs State Of Kerala on 11 November, 2019

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Kerala High Court

Ajmal Salim vs State Of Kerala on 11 November, 2019

Bench: V Raja Vijayaraghavan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941

                      Bail Appl..No.8120 OF 2019

    CRIME NO.817/2019 OF KOODAL POLICE STATION, PATHANAMTHITTA


PETITIONER/ACCUSED:

             AJMAL SALIM
             AGED 22 YEARS
             S/O. SALIM, RESIDING AT SAS COTTAGE,
             AYRAKUZHY P.O, KADAKKAL,
             KOLLAM DISTRICT, PIN-691 559

             BY ADVS.
             SRI.J.R.PREM NAVAZ
             SUMIN S

RESPONDENTS/STATE & DE FACTO COMPLAINANT:

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM
             PIN-682 031




             SRI AJITH MURALI PUBLIC PROSECUTOR

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION          ON
11.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No.8120 OF 2019           2



                                    ORDER

This application is filed under Section 439 of the Code of Criminal Procedure.

2. The applicant herein is the accused in Crime No.817 of 2019 of the Koodal police station, registered under Section 379 of the Indian Penal Code.

3. It is the case of the prosecution that accused Nos.1 to 3 committed theft of two bikes from the limits of Koodal Police Station and Kadakkal Police Station. After committing theft as aforesaid they are alleged to have contacted the applicant herein and the 4 th accused to dispose of the bikes. With full knowledge that the bikes were stolen, the applicant and the 4 th accused are alleged to have agreed to dispose of the same. The police on hearing the information reached the spot and the accused nos. 1 to 3 are alleged to have made good their escape. The applicant herein was arrested in connection with Crime No.1902/2019 of the Kadakkal Police Station on 25.10.2019 and his arrest in the instant case was recorded on 02.11.2019.

4. Sri.J.R.Prem Navaz, the learned counsel appearing for the applicant, submits that the applicant is a student at the NITTE Institute of Speech and Hearing at Mangalore. According to the learned counsel, the applicant is innocent. The theft was committed by accused Nos.1 to 3 and that the fact that the bikes were stolen were not known to the applicant. Bail Appl..No.8120 OF 2019 3

5. Heard the learned Public Prosecutor and I have perused the records. On perusal of the case diary, it appears that the bikes which were stolen have already been seized. The investigation having progressed considerably, the further detention in custody of the applicant is not necessary.

In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:

1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for a period of two months or till final report is filed, whichever is earlier.

2). He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

3). He shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

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