JASIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.115/2024 of the Railway Police Station, Ernakulam, registered against the accused for allegedly committing the offences under Sec. 379 r/w 34 of the Indian Penal Code. The petitioner was arrested on 28/3/2024.

(2.) The essence of the prosecution case is that; on 28/3/2024, the accused was found in possession of a stolen mobile phone along with other articles at Pulleppadi, Ernakulam. The accused was arrested with the stolen articles then and there at the spot. Thus, the accused have committed the above offences.

(3.) Heard; Sri. Muhammed Yasil, the learned counsel appearing for the petitioner and Sri. C.S. Hrithwik, the learned Senior Public Prosecutor.