Mahesh vs State Of Kerala
2021 Latest Caselaw 22418 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                        BAIL APPL. NO. 8332 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CRMC 2200/2021 OF II ADDITIONAL
                   DISTRICT COURT,ERNAKULAM, ERNAKULAM
  CC 258/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ALUVA,
                                  ERNAKULAM
    CRIME NO.734/2020 OF ALUVA WEST POLICE STATION, ERNAKULAM.
PETITIONER/ACCUSED NO.1:

            MAHESH
            AGED 46 YEARS
            S/O. RAJAPPAN, AMBANATT VEEDU, CHENAM VILLAGE,
            PALLIPURAM KARA, CHERTHALA TALUK, ALAPPUZHA DISTRICT

            BY ADVS.
            P.MAMATHA
            P.DHANYA



RESPONDENT/COMPLAINANT/STATE:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM, PIN-682 031


OTHER PRESENT:

            SREEJA.V- SR.PP




     THIS   BAIL    APPLICATION    HAVING     COME   UP   FOR   ADMISSION   ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO.8332   OF 2021

                                  2




                                ORDER

The petitioner who is the first accused in Crime No.734/2020

of Aluva West Police Station, Ernakulam has moved this application

for his release on bail. This case has been registered against him

under Sections 457, 461, 380 r/w Section 34 of the IPC.

2. The prosecution allegation is that on 3.12.2020 at 12

a.m., this petitioner along with other accused had broken the lock

of the door of the rented room which is used by the defacto

complainant for consultation and committed theft of a gold chain

having a weight of six sovereigns, a locket of one sovereign, an

ear ring and a diamond ring etc., worth Rs. 2.5 lakh. A titan watch,

currency notes etc., were also lost in the theft. Thereby he

committed the aforesaid offences.

3. The learned Public Prosecutor has submitted that this

petitioner is involved in 9 other crimes of similar nature and in this

case the investigation of the case is over and final report has

already been submitted before the jurisdictional court and his case

is pending as C.C. 258/20212.

BAIL APPL. NO.8332 OF 2021

4. Heard both sides.

5. The copy of the order which has been produced by the

petitioner while disposing of the bail application submitted by him

before the court below itself reflect the number of cases in which he

is involved. As he is the accused in 9 cases of similar nature, if he

is released on bail at this stage, definitely he will repeat similar

offences. Moreover there is every possibility of causing obstacles to

the smooth flow of the trial of the case by abstaining himself from

the court. Considering his criminal antecedents as well the fact that

the investigation is over and the case is pending for trial, I am not

inclined to accept the request made by the learned counsel for the

petitioner.

Hence, this bail application is dismissed.

SHIRCY V.

JUDGE AL/-