Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 BAIL APPL. NO. 3318 OF 2022 CRIME NO.191/2022 OF Kasaba Police Station, Kozhikode PETITIONER/2ND ACCUSED: SHIVADASAN.C,AGED 31 YEARS S/O BALAGOPALAN NAIR, RESIDING AT CHEMMAZHY HOUSE, KONDHAZHY, THALAPPALLY TALUK, THRISSUR DISTRICT, PIN - 679106 BY ADVS. J.R.PREM NAVAZ SUMEEN S. ANSAR K.C. RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031 BY ADV PUBLIC PROSECUTOR SEETHA S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3318 of 2022 2
VIJU ABRAHAM, J.
B.A. No.3318 of 2022 Dated this the 31st day of May, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioner is arrayed as 2nd accused in Crime No.191 of 2022 if
Kasaba Police Station, Kozhikode alleging commission of offences punishable under Sections 457, 461, 380 and 411 of the Indian Penal Code. Prosecution allegation is that on 11.03.2022 some unknown persons have trespassed into Kasaba amsom Government TTI, Mananchira and stolen six laptops worth Rs.1,53,800/- and also taken away Rs.3,800/- and thereby committed the offences. Petitioner herein is arrayed as 2 nd accused on the basis of the confession statement made by the 1st accused.
3. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that he is totally
innocent of the charges levelled against him and he has not committed any offence as alleged. Petitioner had earlier moved the Court of Sessions, Kozhikode Division by filing Crl.M.C.No.584 of 2022 and by Annexure-A3
order the said application for bail was dismissed.
5. Learned Public Prosecutor, upon instruction, submitted that after committing theft of the articles, the accused have kept those articles in the lodge room and on 12.03.2022 the laptops were taken to the rented B.A.No.3318 of 2022 3
house wherein the 2nd accused, the petitioner herein is residing. Thereafter on 28.03.2022 accused Nos.1 and 2 along with one Suneesh, Sajina and Aswathi have gone to Coimbatore and sold four laptops to a person at a place near Ukkadam bus stand and that they have secretly kept the two laptops at a place in Coimbatore. After obtaining custody of the 1 st accused, he was taken to Coimbatore and two laptops were recovered. It is also submitted that the four laptops which were sold by the petitioner and one Suneesh are to be recovered and for which custodial interrogation of the petitioner is inevitable. Learned Public Prosecutor further submitted that it is the petitioner and the said Suneesh who know the person to whom the four laptops were sold and therefore the interrogation of both of them is absolutely necessary and therefore, if anticipatory bail is granted, it will fetter the proper investigation of the case.
The allegation is that the accused persons have stolen laptops
kept in the Government Institute and 325 students were solely depending on these laptops for their studies. Having considered these facts and circumstances and having found that the allegations are severe in nature and that further recovery of the stolen four laptops is to be effected, for which interrogation of the petitioner is necessary, I am not inclined to grant pre-arrest bail to the petitioner at present. Thus anticipatory bail application is accordingly dismissed.
Sd/- VIJU ABRAHAM JUDGE cks B.A.No.3318 of 2022 4 APPENDIX OF BAIL APPL. 3318/2022 PETITIONER ANNEXURES Annexure-A1 THE CITIZEN COPY OF THE FIR IN CRIME NO: 191 OF 2022 OF KASABA POLICE STATION KOZHIKODE DISTRICT Annexure-A2 THE TRUE COPY OF THE MARRIAGE INVITATION CARD EVIDENCING HIS DATE OF MARRIAGE Annexure-A3 THE CERTIFIED COPY OF THE ORDER DATED 18.04.2022 IN CRL.M.C NO: 584 OF 2022 PASSED BY THE COURT OF SESSIONS JUDGE, KOZHIKODE DIVISION