IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
BAIL APPL. NO. 3598 OF 2022
CRIME NO.1282/2021 OF Ernakulam South Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN CC 32/2022 OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE (E&O),ERNAKULAM
PETITIONERS/ACCUSED:
1 MUKTARUL HAQUE, AGED 30,
S/O SAKIVUL HAQUE
GHIMIGAON KHAS, RAMGANJ,
CHOPRA, NORTH DINAJAPUR
WEST BENGAL - 733 207
2 SAMSU JUHA, AGED 30,
S/O. IBRAHIM, KAMAL GACHH,
LAXMIPUR, GIRINIGAON,
UTTAR DINAJPUR, ASHARUBASTI,
WEST BENGAL - 733 207.
BY ADVS.
S.GOPAKUMAR
T.M.BINITHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031
2 THE INSPECTOR OF POLICE,
TOWN SOUTH POLICE STATION,
ERNAKULAM, PIN - 682 015.
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.3598 of 2022 2
VIJU ABRAHAM, J.
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B.A. No.3598 of 2022
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Dated this the 8th day of June, 2022
ORDER
This is an application for regular bail.
2. Petitioners are accused in the Crime No.1282 of 2021 of Town South Police Station, Ernakulam registered alleging commission of offences punishable under Sections 457, 380 and 461 read with Section 34 of the Indian Penal Code.
3. Prosecution case is that in the intervening time of 10.30 p.m. on 19.10.2021 and 8.30 a.m. on 20.10.2021, petitioners in furtherance of their common intention committed criminal trespass in the Nilgiri Super Market at Panampilly Nagar, broke open the locker and committed theft of Rs.6,86,331/- kept in the locker and Rs.1,500/- kept in the cash counter and thereby committed the abovesaid offences. Petitioners were arrested on 16.12.2021 and are in custody since then. Petitioners' contention is that charge sheet is already laid and therefore their further continuation in custody is not required for the purpose of investigation of the case. Petitioners have moved the Sessions Court, Ernakulam for bail and that application was dismissed as per Annexure-A1 order dated 08.04.2022.
4. Heard the learned counsel for the petitioners and the BA No.3598 of 2022 3 learned Public Prosecutor.
5. The learned Public Prosecutor upon instruction submitted that the charge is already laid on 11.02.2022 and the case is now pending as C.C.No.32 of 2022. Learned Prosecutor opposed the application mainly contending that petitioners are involved in similar type of cases registered at Ernakulam Town North Police Station as Crime No.1483 of 2021 and Elamakkara Police Station as Crime No.825 of 2021 and that accused are natives of West Bengal. It is also submitted that if they are released on bail, there is every chance of committing similar type of offences.
6. Learned counsel for the petitioners submits that in Crime No.1483 of 2021 charge sheet is already laid and the case was numbered as C.C.No.56 of 2022, in which case the accused have pleaded guilty and their term of conviction is already over on 08.05.2022. As regards the second case, ie., Crime No.825 of 2021 of Elamakkara Police Station, it is the contention of the petitioners that the offence alleged against them is that they broke open the shutter of a super market and committed theft of two toy cars worth Rs.2,131.25. Learned counsel for the petitioners also submitted that the petitioners are ready and willing to provide natives of Kerala State as sureties if they are released on bail so that their appearance could be secured.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and taking into consideration BA No.3598 of 2022 4 the fact that the petitioners are in custody from 16.12.2021 onwards, I am inclined to grant bail to the petitioners on the following conditions:
(i) Petitioners shall execute a bond for Rs.25,000/- (Rupees twentyfive thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. One of the sureties must be a native of Kerala State.
(ii) They shall surrender their passport before the jurisdictional court. If the petitioners have no passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail.
(iii) They shall not attempt to influence any of the witnesses.
(iv) They shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1282 of 20212 of Town South Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM JUDGE cks BA No.3598 of 2022 5 APPENDIX OF BAIL APPL. 3598/2022 PETITIONER ANNEXURES Annexure A1 ORIGINAL ORDER IN CRL.M.C.NO. 769/2022 OF THE SESSIONS COURT, ERNAKULAM DT.
08/04/2022