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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