In Bail Application No. 144 of 2013 arising from car theft allegations, the High Court of Kerala rejected the claim of innocence based on CD materials but granted bail as investigation was substantial and continued custody unnecessary.
Bail allowed on execution of bond with two sureties and various conditions including reporting and non-leave without permission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
WEDNESDAY, THE 9TH DAY OF JANUARY 2013/19TH POUSHA 1934
Bail Appl..No. 144 of 2013 ()
CRIME NO.588/2012 OF THE MEDICAL COLLEGE POLICE STATION,KOZHIKODE CRMC.1670/2012 of D.C. & SESSIONS COURT, KOZHIKODE CMP.5548/2012 of J.M.F.C., KUNNAMANGALAM
PETITIONER/PETITIONER/ACCUSED (IN CUSTODY):
FAIZAL, AGED 32 YEARS S/O.BEERAN, KOONTHAKARA HOUSE, MORAYOOR.P.O VALACHERI, CHATHANKANDY, MALAPPURAM DISTRICT.
BY ADV. SRI.P.V.GEORGE(PUTHIYEDAM)
COMPLAINANT(S)/RESPONDENT/COMPLAINANT:
STATE OF KERALA, (STATION HOUSE OFFICER, KOZHIKODE MEDICAL COLLEGE POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VPV
P.BHAVADASAN, J.
---------------------------------------------------BA No.144 of 2013 ---------------------------------------------------Dated this the 9th day of January 2013
Order
The petitioner is an accused in Crime No.588/12 of Medical College Police Station for having committed the offences punishable under Ss.448, 380, 120(B), 466 and 411 r/w S.34 IPC. The allegation against him and others is that they committed theft of a car which was parked in the porch of the defacto complainant's house. The petitioner would submit that he is only a broker for the sale and purchase of cars. He is totally innocent and has been implicated with ulterior motives. At any rate, it is pointed out that he has been in custody from 26.11.2012 onwards and a good part of the investigation must have been completed by now. So, the continued custody of the petitioner is unnecessary. He, therefore, seeks bail.
BA 144/13
2
BA 144/13
3
filed.
P.Bhavadasan, Judge
sta
BA 144/13 4
1 issue framed by the court
Whether bail should be granted to the accused who claims innocence but requires investigation of another crime involvement.
1 provisions across 1 enactments
FAIZAL
STATE OF KERALA
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
