ACHU Vs. STATE OF KERALA

JUDGEMENT

(1.) This application for regular bail is filed by the 3rd accused in Crime No. 1487 of 2021 of Aluva East Police Station registered for the offences punishable under Sections 379, 401 read with Section 34 of Indian Penal Code and Section 194A of the Motor Vehicles Act.

(2.) The case of the prosecution is that accused Nos. 1 and 2 with their common intention committed theft of a motor bike bearing Registration No. KL-08-AJ-5380 owned by one Saneesh Sivan from S.N.Puram of Choornikkara Village and thereafter they along with the 3rd accused fixed a fake number plate in the motor bike as KL-05-AK-5233 and used the same by all the accused. While the 1st accused was riding the bike with the 3rd accused as the pillion rider, they were apprehended by the police and thus the petitioner is undergoing judicial custody since 24.07.2021.

(3.) The learned counsel for the petitioner has submitted that the petitioner has absolutely no connection with the alleged theft of the motor bike as alleged by the prosecution. Actually he is residing at a place where there is no regular bus service. So, he used to travel in autorickshaw as well in motor cycle availing lift. On the relevant date also, he happened to travel in the bike of which the alleged theft was committed by the 1st accused without having any idea of the same. The petitioner is totally innocent, but he has been falsely implicated in the case and hence, this application.