FARSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.745/2021 of Kasaba Police Station, Kozhikode District alleging commission of offence under Sec. 394 read with Sec. 34 of the Indian Penal Code. The petitioner was arrested on 2/10/2021 and was remanded to judicial custody.

(2.) The allegation against the petitioner is that while the Sub Inspector of Kasaba Police and others were on patrol duty on 2/10/2021 at about 9.20 hours, the petitioner was found in possession of a motor cycle without any registration number, in a suspicious circumstances. The allegation against the petitioner is that the bike in question was stolen from Goa in the month of September 2021.

(3.) The learned counsel for the petitioner submits that there is no case registered in the State of Goa as against the petitioner regarding the theft of any motor cycle from there. It is submitted that the petitioner has been in custody merely on the basis of suspicion and he has been in custody for 100 days. It is submitted that at any rate since since a final report has not been filed in the matter, the petitioner is entitled to statutory bail as on date.