Allowed

Libinlinson v. State of Kerala

Kerala HC3 Sept 2021Bail Appl./5499/2021

Case brief

AI extract

What is this about?

The court granted pre-arrest bail to three accused persons charged with theft of a buffalo under Section 379 IPC. The High Court held that since the buffalo was recovered and some accused were already on bail, custodial interrogation was not necessary.

What did the court decide?

Bail granted on execution of bond of Rs.50,000 each with two solvent sureties, subject to conditions of cooperation and non-interference.

Libinlinson Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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FRIDAY, THE 3^RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943

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BAIL APPL. NO. 5800 OF 2021

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CRIME NO.724/2021 OF EDATHALA POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED 1 & 3:

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1 FAIZAL AGED 31 YEARS S/O. HANEEF, NAMBOOTHIRI MADOM (HOUSE), EDAVANAKKAD P.O., ERNAKULAM, PIN-682502.

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2 AJMAL

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AGED 23, S/O. ANSAR, MUKRIPARAMBIL (HOUSE), THEKKANMALIPPURAM P.O., ERNAKULAM, PIN-682511.

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BY ADV P.V.VIBIN

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RESPONDENT/STATE:

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULA, PIN-682031.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.09.2021, ALONG WITH Bail Appl..5499/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NOs. 5800 & 5499 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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FRIDAY, THE 3^RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943 BAIL APPL. NO. 5499 OF 2021

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CRIME NO.724/2021 OF EDATHALA POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED NO.2:

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LIBINLINSON AGED 26 YEARS S/O.LINSON K.G., 9/242, KURUPPASSERY HOUSE, VALLAPPU, OCHANTHURUTH P.O., ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, KOCHI - 682 511.

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BY ADV BIMAL PRASAD

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.09.2021, ALONG WITH Bail Appl..5800/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NOs. 5800 & 5499 OF 2021

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ORDER

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Apprehending arrest in connection with Crime No.724/2021 of Edathala Police Station, Aluva registered for the offence punishable under Section 379 of the Indian Penal Code, the petitioners in B.A.No.5800/2021, the accused 1 & 3 have moved this application for pre-arrest bail. The petitioner in B.A.5499/2021 is the 2^nd accused in this crime.

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The prosecution allegation is that accused 1 to 5 have committed theft of a buffalo worth Rs.60,000/- owned by the defacto complainant in the night, on 11.07.2021 and thereby committed the aforesaid offences.

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The submission of the learned counsel for the petitioners 1 and 3 is that, the 2^nd accused is conducting an Event Management and these petitioners are also attached to the said business. Accused 1 and 3 approached the defacto complainant to purchase a buffalo and made arrangements to purchase a buffalo worth Rs.52,800/- having an age of 2 ½ years. Out of the total sale consideration, a sum of Rs.26,400/- was paid by the petitioners and when they approached the defacto complainant to take the buffalo it was learnt that accused 4 and 5 had stolen the same from his

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possession and now the police has registered this false case

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BAIL APPL. NOs. 5800 & 5499 OF 2021

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alleging that the petitioners have also an active role in committing the theft of the buffalo.

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According to the learned Public Prosecutor, the buffalo was stolen by accused 1 to 3 and then handed over to accused 4 and 5. Now the investigation of case is well in progress and accused 4 and 5 were arrested and they were released on bail after a few days.

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The 2^nd accused has produced certain documents with his bail application which he obtained while pursuing his studies. According to the learned counsel, he is conducting an Event Management and doing all type of business in connection with that and during the festival season in order to conduct sale of meat, the petitioners approached the defacto complainant. But the prosecution case is that they have committed theft of the same from the possession of the defacto complainant and prima facie no evidence is there to show that they have parted with a sum of Rs.26,400/-, at this stage. But as some of the accused have already been arrested and released on bail and the buffalo is presently with the defacto complainant, I do not think that custodial interrogation of these petitioners are quite necessary for the investigating agency to proceed with the investigation which is already well in progress. Such being the case, I think that both these petitions can be

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BAIL APPL. NOs. 5800 & 5499 OF 2021

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allowed subject to the following conditions :-

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(i) Petitioners shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of their arrest.

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(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

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(iii) They shall co-operate with the investigation and trial of the case.

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(iv) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(v) They shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the learned

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Magistrate is empowered to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE

mpm

Libinlinson v. State of Kerala

Case brief

What is this about?

What did the court decide?

Libinlinson v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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