Kiran vs State Of Kerala

K.Haripal, J

These are applications filed under Section 439 of the Criminal Procedure Code by accused Nos. 5 and 3 respectively, in Crime No. 750/2021 of

Attingal Police Station, which was registered alleging offence punishable under Sections 451, 457, 380, 414 read with 34 I.P.C.

The allegation is that accused Nos. 1 to 8 in furtherance of their common intention, trespassed into the warehouse of the Kerala State Beverages

Corporation at Attingal between 09.05.2021 and 20.05.2021 and committed theft of 128 cases of Indian made foreign liquor. The other accused Nos.

9 to 12 had allegedly assisted accused Nos. 1 to 8 in the commission of the crime. Accused No. 5, who is the petitioner in B.A. No. 4578/2021 was

arrested on 27.05.2021 and the third accused, who is the petitioner in B.A. No. 4639/2021 was arrested on 28.05.2021.

The learned counsel for the petitioners submitted that both of them are first time offenders, they do not have any criminal antecedents. According to

the counsel for the third accused, he was abroad and had come back only in March last, that his wife has recently gave birth to a child and that he

alone is there to look after them.

The learned Public Prosecutor on instructions has submitted that out of 12 accused involved, accused Nos. 2, 6, 8, 11 and 12 are yet to be

apprehended. However, on query by the Court, she pointed out that the custodial interrogation of both the petitioners is over, besides the vehicle used

for the commission of the crime has already been recovered. According to the learned Public Prosecutor, some more stolen articles and an amount of

Rs.2,13,000/-, which is the sale proceeds of the liquor is yet to be recovered.

Anyhow, considering the fact that the petitioners are in custody from 27.05.2021 and 28.05.2021 and having regard to the fact that they are first

time offenders and that their further detention is not necessary, both of them can be released on bail subject to the following conditions:-

i) The petitioners shall execute bond for Rs.50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

ii) They shall not try to contact or influence the witnesses or tamper with the evidence;

iii) Petitioners shall surrender their passport before the jurisdictional Court;

iv) They shall appear before the Investigating Officer/trial court as and when required;

v) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

These bail applications are allowed as above.