Kerala High Court
Soopi vs State Of Kerala on 5 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
Bail Appl..No.9053 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 2136/2020 DATED 18-11-2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - II, MAVELIKKARA
CRIME NO.1226/2019 OF Nooranadu Police Station , Alappuzha
PETITIONER/S:
SOOPI
AGED 31 YEARS
SIBI MANZIL, CHERUVALLOOR MURI,
CHERIYANADU VILLAGE, CHENGANNUR
689506
BY ADV. SRI.P.THOMAS GEEVERGHESE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9053 OF 2020 2
O R D E R
Dated this the 5th day of January 2021
Application for regular bail under Section 439 of Cr.P.C.
The applicant is the 1st accused in Crime No.1226/2019 of
Nooranad Police Station, Alappuzha for having allegedly
committed offence punishable under Section 379 r/w Section 34
of IPC. This is the second successive bail application for bail. The
earlier application for bail as B.A. No.8078/2020 was rejected by
this Court on 30.11.2020. The applicant states that there is a
change of circumstances. The investigation has progressed well
and there is a possibility of a final report being filed in the near
future. The applicant has been in custody in this case for 56
days.
2. The prosecution case, in brief, is that on 06.08.2019 at
about 12.40 p.m., the applicant in furtherance of common
intention with the 2nd accused, trespassed into the house of the
de facto complainant and stole two goats from there.
3. On 11.11.2020, the applicant was arrested and produced
before the jurisdictional Magistrate and remanded to judicial
custody and continues to remain in custody.
4. The application for bail is opposed by the learned Public
Prosecutor that the applicant is involved in another crime for
having been in possession of narcotic drugs. His earlier
application for bail was dismissed stating that investigation was
still at the nascent stage and recovery has not been effected.
5. The learned counsel appearing for the applicant submits
that Crime No.17/2020 of Chengannur Excise Range was
registered against the applicant for offences under the NDPS Act
and in that case, he was granted bail by this Court in B.A.
No.7590/2020 on 12.11.2020. The applicant could not be
released on bail because he is still in custody in this crime. And
therefore it is submitted that he may be granted bail.
6. Heard the learned counsel for the applicant and the
learned Public Prosecutor.
7. The learned Public Prosecutor admits that the
investigation is almost complete and that there is no possibility of
recovering the stolen goats.
Under the circumstances, I do not find any reason for
further incarceration of the applicant since the investigation is
almost complete and the applicant has been in custody for 56
days and a connected crime involving narcotic drug, he has
already been granted bail. There are no other antecedents
against the applicant. Under the circumstances, the application is
allowed and the applicant is directed to be released on bail on the
execution of bond for Rs.50,000/-(Rupees fifty thousand only)
with two solvent sureties, each for the like amount to the
satisfaction of the jurisdictional court and on following
conditions:-
(i) He shall appear before the investigating officer as and
when called for.
(ii) He shall not tamper with evidence, intimidate or
influence the witnesses.
(iii) He shall not get involved in similar offences during the
currency of the bail.
In case of violation of any bail condition, the prosecution is at
liberty to apply for cancellation of the bail before the jurisdictional
court.
SD/-
ASHOK MENON
JUDGE
rmm
