Sijo Thomas vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Aug 26, 2021

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Citation: sooperkanoon.com/1665136
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Aug 26, 2021
Case Number: Bail Appl./6329/2021

Parties & Advocates

Appellant / Petitioner

Sijo Thomas

Respondent

State of Kerala

Excerpt

.....from madhyapradesh to travancore sugars and chemicals ltd., pulikeezhu in three tanker lorries; on 30.06.2021, on inspection by the excise officials 20386 litres of spirit was found missing from two lorries. thus the crime was registered alleging offence under section 379 read with section 34 of the ipc. on preliminary enquiry, it came out that accused nos.1 and 2, drivers of tanker lorries with the connivance of the 3 rd accused, who is an employee of travancore sugars and chemicals ltd., pulikeezhu, had pilfered so much quantity of spirit at madhya pradesh itself and sold to the 7th accused for illegal gain. thus accused nos.1 to 3 and 7 were arrested and since then are in judicial custody. now the petitioner has moved this second application for bail after his first application was dismissed.3. i heard the learned counsel for the petitioner and also the b.a.no.6329/21 3 learned public prosecutor.4. the learned counsel for the petitioner submits that thepetitioner is in judicial custody for the last 57 days. according to him, by this time investigation must have progressed considerably and that his further detention is not necessary. the learned public prosecutor has strongly opposed the application.it is true that accused nos.4 to 6 were granted anticipatory bail by this court. but the actual commission of theft was done by accused nos.1, 2 and 7. it has also come out from the case diary, which i had occasion to peruse in connection with the applications for anticipatory bail moved by the other accused persons, that theft was committed at the instance of the 3rd accused. the petitioner/the 2nd accused, who is one of the drivers of the tanker lorries, had also played lead role for such pilferage even on earlier occasions also. moreover, the investigation is not progressed so that it is not expedient in the interest of justice to grant bail at this stage. the application is dismissed.sd/- k.haripal judge okb/26.8 //true copy// p.s. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943 BAIL APPL. NO. 6329 OF 2021 CRIME NO.571/2021 OF Pulikeezhu Police Station, Pathanamthitta PETITIONER/2ND ACCUSED SIJO THOMAS AGED 38 YEARS S/O.THOMAS, VATTAKKUNNEL HOUSE, KAVUMPADI, ARAKULAM, IDUKKI - 685 591. BY ADVS. MANSOOR.B.H. RENJITH.R RESPONDENTS/STATE/COMPLAINANT: 1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 STATION HOUSE OFFICER PULIKEEZHU POLICE STATION, PATHANAMTHITTA - 689 104. BY PUBLIC PROSECUTOR SRI. G. SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.6329/21 2

ORDER

Petitioner is the 2nd accused in crime No.571/2021 of Pulikeezhu police station, which was registered at first alleging offence under Section 379 read with 34 of the IPC. Later, Section 120B of IPC and Section 55(a) of the Abkari Act were also incorporated.

2. The allegation is that spirit was transported from Madhya

Pradesh to Travancore Sugars and Chemicals Ltd., Pulikeezhu in three tanker lorries; on 30.06.2021, on inspection by the Excise officials 20386 litres of spirit was found missing from two lorries. Thus the crime was registered alleging offence under Section 379 read with Section 34 of the IPC. On preliminary enquiry, it came out that accused Nos.1 and 2, drivers of tanker lorries with the connivance of the 3 rd accused, who is an employee of Travancore Sugars and Chemicals Ltd., Pulikeezhu, had pilfered so much quantity of spirit at Madhya Pradesh itself and sold to the 7th accused for illegal gain. Thus accused Nos.1 to 3 and 7 were arrested and since then are in judicial custody. Now the petitioner has moved this second application for bail after his first application was dismissed.

3. I heard the learned counsel for the petitioner and also the B.A.No.6329/21 3 learned Public Prosecutor.

4. The learned counsel for the petitioner submits that the

petitioner is in judicial custody for the last 57 days. According to him, by this time investigation must have progressed considerably and that his further detention is not necessary. The learned Public Prosecutor has strongly opposed the application.

It is true that accused Nos.4 to 6 were granted anticipatory bail by this Court. But the actual commission of theft was done by accused Nos.1, 2 and 7. It has also come out from the case diary, which I had occasion to peruse in connection with the applications for anticipatory bail moved by the other accused persons, that theft was committed at the instance of the 3rd accused. The petitioner/the 2nd accused, who is one of the drivers of the tanker lorries, had also played lead role for such pilferage even on earlier occasions also. Moreover, the investigation is not progressed so that it is not expedient in the interest of justice to grant bail at this stage. The application is dismissed.

Sd/- K.HARIPAL JUDGE okb/26.8 //True copy// P.S. to Judge

Same Court & Year Kerala Orders · 2021 Same Parties Sijo Thomas vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal