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2019 Supreme(Online)(KER) 39159

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE SHIRCY V.

THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941

Bail Appl..No.6651 OF 2019

CRIME NO.1297/2019 OF Pooyapally Police Station , Kollam

PETITIONER/ACCUSED:

AJAYAKURUPPU

S/O. RAJESHKUMAR,

AGED 25 YEARS,

AJAY BHAVAN, (RAJEENDRA BHAVANAM),

THIDI, NIRATHUPARA P.O, KOODAL VILLAGE,

PATHANAMTHITTA DISTRICT.

BY ADV. SRI.SAJEEV KUMAR K.GOPAL

RESPONDENTS/STATE/COMPLAINANT:

1

THE STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM 682 031

2

THE SUB INSPECTOR OF POLICE,

POOYAPPALLY POLICE STATION, KOLLAM DISTRICT

691 537

BY ADV. SRI. JOHNSON M.I. SENIOR PUBLIC PROSECUTOR.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

03.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Bail Appl..No.6651 OF 2019

2

This is an application for regular bail filed under Section

439 of the Code of Criminal Procedure.

2.

The petitioner/accused has been in custody since

13.08.2019.

3.

The petitioner is the sole accused in Crime

No.1297/2019 of Pooyappally Police Station, Kollam District,

registered for the offences punishable under Sections 457,

461 and 380 of the IPC.

4.

The prosecution allegation is as follows:

In the mid night of 13.08.2019, the petitioner broke

open the lock of the shutter of a hotel by name 'Sopanam

Hotel and Bakery' at Veliyan Junction, Kollam and committed

theft of an amount of Rs.90,730/- including Rs.75,730 kept in

the drawer of the cash counter of the hotel and also

Rs.15,000/- from the cash counter of the bakery and thereby

3

committed the aforesaid offences.

5. The learned Counsel for the petitioner has submitted

that the petitioner is totally innocent of the allegations

levelled against him and he has not committed any offence as

alleged by the prosecution.

6.

The learned Public Prosecutor has submitted that

the petitioner was an employee of the same hotel and he had

some dispute with regard to his salary with the employer.

The investigation of the case is progressing and the recovery

has been effected.

7. Considering the nature of the allegations levelled

against the petitioner, the present stage of investigation, as

well the fact that the recovery has been effected, I am inclined

to release the petitioner on bail subject to the following

conditions:

1.

The petitioner shall be released on bail on

his executing a bond for Rs.50,000/- (Rupees fifty

4

thousand only) with two solvent sureties each for the like

sum to the satisfaction of the court below.

2. He shall appear before the Investigating

Officer for interrogation as and when required by

him, in writing.

3. He shall not intimidate or attempt to

influence the witnesses, nor shall he tamper with the

evidence.

4. He shall not commit any offence while he is

on bail.

5. In case of violation of any of the above

conditions, the learned Magistrate concerned is

empowered to cancel the bail in accordance with law.

Sd/-

SHIRCY V.

JUDGE

RK

5

Sd/-

SHIRCY V.

JUDGE

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