AKHIL DEV S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the third accused in Crime No.918/2023 of the Chengannur Police Station, Alappuzha, registered against the accused (three in number) alleging them to have committed the offence punishable under Sec. 379 of the Indian Penal Code. The petitioner was arrested in connection with Crime No. 817/2023 on 4/11/2023 and his arrest was formally recorded in the present crime was on 15/11/2023.

(2.) The gist of the prosecution case is that: on 14/8/2023 between 3 a.m. and 3.50 a.m., a motorcycle bearing registration No. KL 24/ L -9321, which was belonging to the de facto complainant's friend's father and in the possession of the de facto complainant, was stolen. The third accused had purchased the stolen property. Thus, the accused has committed the above offence.

(3.) Heard; Sri. Nireesh Mathew, the learned counsel appearing for the petitioner and Smt. Neema T.V. the learned Public Prosecutor appearing for the respondent.