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2023 Supreme(Online)(KER) 4527

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
NAGARAJ KUMARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
RAJESH SIVARAMANKUTTY, VIJINA K.ARUL MURALIDHARAN

ORDER

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973 .

2. Petitioner is the accused in Crime No.524/2022 of Kozhinjampara Police Station, Palakkad, alleging offences punishable under Sections 454, 461, 380 and 201 of the Indian Penal Code, 1860.

3. According to the prosecution, on 10.08.2022, the accused trespassed into the house of the defacto complainant and committed theft of Rs.9,500/- and thereby committed the offences alleged.

4. Smt.Vijina K., the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 12.08.2022 and has been in custody since then.

5. Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that there are 15 cases pending against the petitioner in Tamil Nadu and two other cases pending against him in Kerala and considering the criminal antecedents, petitioner ought not to be released on bail.

6. I have considered the rival contentions and have also perused the records produced. Having regard to the nature of allegations, I am of the

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