Kerala High Court
Muktarul Haque vs State Of Kerala on 8 June, 2022
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.
.................................................................
B.A. No.3598 of 2022
.................................................................
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
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
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
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
