The High Court rejected the bail application of the 7th accused in a theft and burglary case, citing the seriousness of the allegations and the difficulty in apprehending him. The court directed the trial court to conclude the trial within six months.
Bail application dismissed; direction to Magistrate to conclude trial within six months.
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 MR. JUSTICE K.HARIPAL MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944
BAIL APPL. NO. 2547 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 368/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANNUR
PETITIONER/7TH ACCUSED:
NOMAN AGED 37 YEARS S/O RAISAL, , RESIDING AT “SAMSHABAD”, KHENCHEFAN, PUNAHANA PO, MEWAT DISTRICT, HARYANA STATE , PIN - 122508 BY ADVS. M.K.SUMOD ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) VIDYA M.K.
RESPONDENT/STATE:
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR
SRI. HRITHWIK C.S-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No. 2547 OF 2022
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ORDER
Petitioner is the 7th accused in Crime No. 41 of 2021 of Kannapuram police station in Kannur district, which was registered on 22.02.2021 alleging offence punishable under Sections 457, 380, 414, and 461 read with 34 of the Indian Penal Code. The learned counsel for the petitioner submits that he was arrested on 04.03.2021, for more than one year he is in judicial custody, he has no direct role in the commission of the crime and hence he is sought to be released on bail under Section 439 of the Cr.P.C. According to the learned counsel, the petitioner is prepared to abide any condition imposed by this Court.
petitioner. According to the learned counsel for the petitioner he is a lorry driver who had been returning after unloading chappals carried from Haryana, he has wife and five children, he is the sole breadwinner of the family, that after affecting covid his wife has fallen seriously ill, so far she has not recovered from the ailment, his presence at home is
B.A.No. 2547 OF 2022
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absolutely essential.
opposed the application. According to him, there are two cases of similar nature registered against him, that it is understood that he is involved in more crimes in different
parts of the country and therefore it is not advisable to release him on bail. According to the learned Senior Public Prosecutor, he was apprehended with much difficulty from Haryana, if he is released on bail at this stage when the trial has commenced, prosecution would not be able to apprehend him again and the proceedings will be stalled.
laid. Now it is pointed out that the trial has already commenced.
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of the offence and antecedents of the petitioner it is not expedient in the interest of justice to release him on bail at this stage. The argument that he did not play active role in the commission of the crime does not seem correct. It is also evident that he was arrested from Haryana with difficulty. Such a person cannot be released on bail at this stage. Therefore the application for bail cannot be considered. However, since it is pointed out that the trial is already underway, the learned Magistrate is directed to conclude the trial and dispose of the case within a period of six months from the date of receipt of a copy of this order.
The Bail Application is disposed of as above.
Sd/K. HARIPAL JUDGE
RMV/04/04
5
APPENDIX OF BAIL APPL. 2547/2022
PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN BAIL APPLICATION NO. 7040/2021 DATED: 30/09/2021
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether the bail application of the 7th accused, alleged to be involved in a serious theft and burglary case, should be allowed.
Whether to direct the lower court to conclude the trial within a specific period given the delays.
1 provisions across 1 enactments
Noman
The State of Kerala
K. Harmon Monday
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
