Achu vs State Of Kerala

Shircy V, J

This application for regular bail is filed by the 3rd accused in Crime No. 1487 of 2021 of Aluva East Police Station registered for the offences punishable under Sections 379, 401 read with Section 34 of Indian Penal Code and Section 194A of the Motor Vehicles Act.

The case of the prosecution is that accused Nos. 1 and 2 with their common intention committed theft of a motor bike bearing Registration No. KL-08-AJ-5380 owned by one Saneesh Sivan from S.N.Puram of Choornikkara Village and thereafter they along with the 3rd accused fixed a fake number plate in the motor bike as KL-05-AK-5233 and used the same by all the accused. While the 1st accused was riding the bike with the 3rd accused as the pillion rider, they were apprehended by the police and thus the petitioner is undergoing judicial custody since 24.07.2021.

The learned counsel for the petitioner has submitted that the petitioner has absolutely no connection with the alleged theft of the motor bike as alleged by the prosecution. Actually he is residing at a place where there is no regular bus service. So, he used to travel in autorickshaw as well in motor cycle availing lift. On the relevant date also, he happened to travel in the bike of which the alleged theft was committed by the 1st accused without having any idea of the same. The petitioner is totally innocent, but he has been falsely implicated in the case and hence, this application.

According to the learned Public Prosecutor, the investigation of the case is nearing completion.

It is also pointed out by the learned counsel that the 1st accused has already been released on bail by the Judicial First Class Magistrate Court, Aluva. The petitioner is aged only 20 years having no criminal antecedents.

As the investigation of the case is practically over and this petitioner has no criminal antecedents, I think that he can be enlarged on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.