Allowed

Prashob Alaias Rokkan v. State of Kerala

Kerala HC18 Nov 2022Bail Appl./9191/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application filed by accused No.5. Despite allegations of receiving stolen properties, the court found the petitioner had no criminal antecedents and allowed bail on conditions.

What did the court decide?

Petitioner released on bail on executing bond for Rs.50,000 with two solvent sureties each for the like sum; appearance at Investigating Officer's appointed times; no attempt to influence prosecution

Prashob Alaias Rokkan Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K. BABU

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FRIDAY, THE 18^TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944 BAIL APPL. NO. 9191 OF 2022

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CRIME NO.1635/2022 OF THIRUVALLA POLICE STATION PETITIONER/ACCUSED NO.5:

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PRASHOB ALAIAS ROKKAN AGED 22 YEARS S/O RAVI, KOZHIKODU PARAMBIL HOUSE, CHUMATHA P.O, KUTTAPUZHA VILLAGE THIRUVALLA, PATHANAMTHITTA, PIN - 689103 BY ADVS. M.R.SASITH HANAN ABDUL LATHIEF

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SRI. M.C. ASHI (P.P)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A No.9191/2022

K.BABU, J.

B.A No.9191 of 2022

Dated this the 18^th day of November, 2022

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O R D E R

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This is an application filed under Section 439 of the Code of

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Criminal Procedure.

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The petitioner is accused No.5 in Crime No.1635/2022 of Thiruvalla Police Station, Pathanamthitta. The offences alleged against the petitioner and other accused are punishable under Sections 341, 294(b), 506, 323, 365, 394, 398, 324 read with Section 34 of the Indian Penal Code.

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The prosecution case is that on 04.09.2022 at 10.30 p.m, the accused Nos.1 to 4 wrongfully restrained the defacto complainant, voluntarily caused hurt to him and committed robbery. They robbed a mobile phone worth Rs.50,000/-, a wrist watch worth Rs.5,000/and 1.5 sovereigns of gold ornaments. The allegation against the petitioner is that he received the stolen properties knowing that those were stolen.

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The petitioner was arrested on 01.10.2022 based on the

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B.A No.9191/2022

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confession of the co-accused and has been in judicial custody since then.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The learned counsel for the petitioner submitted that the petitioner had no knowledge that the properties received by him were stolen. It is submitted that the petitioner has no criminal antecedents.

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The learned Public Prosecutor opposed the bail plea of the petitioner.

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Having regard to the nature of the allegations, stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

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In the result, the Bail Application is allowed as follows:

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(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

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B.A No.9191/2022

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(b) The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 A.M.

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and 11 A.M. till the final report is filed.

evidence.

K.BABU, JUDGE

KAS

B.A No.9191/2022

APPENDIX OF BAIL APPL. 9191/2022

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PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. 1635/ 2022 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA Annexure A2 TRUE COPY OF THE ORDER IN CRL MP NO 1646/2022

Prashob Alaias Rokkan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Prashob Alaias Rokkan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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