Suresh Kumar M Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1015297
CourtKerala High Court
Decided OnJul-02-2013
JudgeHONOURABLE MR. JUSTICE B.KEMAL PASHA
AppellantSuresh Kumar M
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice b.kemal pasha tuesday, the 2nd day of july 2013 11th ashadha, 1935 bail appl..no. 2290 of 201.() ------------------------------- crime no. 1164/2012 of mulavukad police station, ernakulam --------------------------------- petitioner/accused no.1 : ---------------------------------------- suresh kumar m., aged 3 years, s/o.madhavan, olickal house, aruvithura p.o., by advs.sri.shaji thomas sri.n.nagaresh sri.binu paul sri.t.v.vinu respondent/state & complainant : ------------------------------------------------------- 1. state of kerala, represented by its public prosecutor, high court of kerala, ernakulam, kochi 68 031.2. sub inspector of police, mulavukad police station, kochi 68 504. by public prosecutor sri. rafeek v.k. this bail application having come up for admission on 02-07-2013, the court on the same day passed the following: ns b. kemal pasha, j ------------------------------------ b.a. no. 2290 of 2013 ----------------------------------- dated this the 2nd day of july, 2013 order this is a petition under section 438 of the code of criminal procedure. petitioner is the first accused in crime no.1164 of 2012 of mulavukad police station registered for the offence punishable under section 381 read with section 34 of the indian penal code.2. the allegation against the petitioner and the other accused is that they, who were the driver and cleaner of container lorry bearing reg. no. kl 07-z 9998.were entrusted with a container to be transported to peekay steels (p) ltd at coimbatore. it is alleged that during transit on 06.10.2010, they broke open the seal of the container and committed theft of steel scrap materials for `.80,372 from it. on reaching the the destination the theft was noted, and then leaving the b.a. no.2290/13 -:2:- lorry with the container there, the petitioner and the other accused absconded.3. heard the learned counsel for the petitioner and the learned public prosecutor. perused the case diary. the contents of the case diary prima facie reveal the complicity of the petitioner. the allegations against the petitioner are very grave and serious. the investigation of this case is not over. the materials stolen away are to be recovered for which the custodial interrogation of the petitioner is required. considering the seriousness of the allegations against the petitioner and the present stage of investigation, i am satisfied that this is not a fit case wherein the discretionary relief of anticipatory bail can be granted to the petitioner. in the result this bail application is dismissed. sd/- b. kemal pasha, judge. // true copy // p.a. to judge dsv/-
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 2ND DAY OF JULY 2013 11TH ASHADHA, 1935 BAIL APPL..NO. 2290 OF 201.() ------------------------------- CRIME NO. 1164/2012 OF MULAVUKAD POLICE STATION, ERNAKULAM --------------------------------- PETITIONER/ACCUSED NO.1 : ---------------------------------------- SURESH KUMAR M., AGED 3 YEARS, S/O.MADHAVAN, OLICKAL HOUSE, ARUVITHURA P.O., BY ADVS.SRI.SHAJI THOMAS SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENT/STATE & COMPLAINANT : ------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 68 031.

2. SUB INSPECTOR OF POLICE, MULAVUKAD POLICE STATION, KOCHI 68 504. BY PUBLIC PROSECUTOR SRI. RAFEEK V.K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS B. KEMAL PASHA, J ------------------------------------ B.A. No. 2290 of 2013 ----------------------------------- Dated this the 2nd day of July, 2013 ORDER

This is a petition under Section 438 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.1164 of 2012 of Mulavukad Police Station registered for the offence punishable under Section 381 read with Section 34 of the Indian Penal Code.

2. The allegation against the petitioner and the other accused is that they, who were the driver and cleaner of container lorry bearing Reg. No. KL 07-Z 9998.were entrusted with a container to be transported to Peekay Steels (P) Ltd at Coimbatore. It is alleged that during transit on 06.10.2010, they broke open the seal of the container and committed theft of steel scrap materials for `.80,372 from it. On reaching the the destination the theft was noted, and then leaving the B.A. No.2290/13 -:2:- lorry with the container there, the petitioner and the other accused absconded.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary. The contents of the case diary prima facie reveal the complicity of the petitioner. The allegations against the petitioner are very grave and serious. The investigation of this case is not over. The materials stolen away are to be recovered for which the custodial interrogation of the petitioner is required. Considering the seriousness of the allegations against the petitioner and the present stage of investigation, I am satisfied that this is not a fit case wherein the discretionary relief of anticipatory bail can be granted to the petitioner. In the result this Bail Application is dismissed. Sd/- B. KEMAL PASHA, JUDGE. // True Copy // P.A. To Judge DSV/-