The Kerala High Court allowed pre-arrest bail applications for three accused involved in a theft offence under Section 379 IPC. The court held that custodial interrogation was not necessary as the investigation was underway and effected the grant of bail.
Bail granted subject to execution of bond for Rs.50,000 with sureties and standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
BAIL APPL. NO. 5800 OF 2021
CRIME NO.724/2021 OF EDATHALA POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED 1 & 3:
1 FAIZAL AGED 31 YEARS S/O. HANEEF, NAMBOOTHIRI MADOM (HOUSE), EDAVANAKKAD P.O., ERNAKULAM, PIN-682502.
2 AJMAL
AGED 23, S/O. ANSAR, MUKRIPARAMBIL (HOUSE), THEKKANMALIPPURAM P.O., ERNAKULAM, PIN-682511.
BY ADV P.V.VIBIN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULA, PIN-682031.
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:
BAIL APPL. NOs. 5800 & 5499 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943 BAIL APPL. NO. 5499 OF 2021
CRIME NO.724/2021 OF EDATHALA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.2:
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.
BY ADV BIMAL PRASAD
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
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:
BAIL APPL. NOs. 5800 & 5499 OF 2021
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ORDER
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 2nd accused in this crime.
possession and now the police has registered this false case
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.
The 2nd 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
BAIL APPL. NOs. 5800 & 5499 OF 2021
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allowed subject to the following conditions :-
(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.
In case of violation of any of the above conditions, the learned
Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V.
JUDGE
mpm
3 issues framed by the court
Whether pre-arrest bail should be granted to accused 1, 2, and 3 in a theft case.
Whether custodial interrogation is necessary for the investigating agency.
What conditions should be imposed on the granting of bail.
1 provisions across 1 enactments
Faizal
Ajmal
Libinlinson
State of Kerala
Shircy V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
