High Court Kerala High Court

Aji @ Ani vs State Of Kerala on 10 March, 2010

Kerala High Court
Aji @ Ani vs State Of Kerala on 10 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1134 of 2010()


1. AJI @ ANI, S/O.SATHYAN, SARATH BHAVANAM
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.LIJU. M.P

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :10/03/2010

 O R D E R
                                  K.T.SANKARAN, J.
                           ---------------------------------------------
                             B.A.Nos.1134, 1135, 1136,
                                 1137 & 1138 of 2010
                           ---------------------------------------------
                    Dated this the 10th day of March, 2010


                                          O R D E R

These Bail Applications are filed under Section 439 of the

Code of Criminal Procedure by Aji @ Ani, who is one of the

accused in five crimes registered in different police stations for

the offence under Section 379 read with Section 34 of the Indian

Penal Code.

2. The learned counsel for the petitioner submitted that

the allegation against the petitioner and the other accused in the

cases is that they committed theft of three autorickshaws, one

jeep and one motor bike.

3. The details regarding Bail Application No., Crime No.,

name of the police station and rank of the petitioner as accused

are shown below:

——————————————————————————————

 BA No.           Crime No.               Name of Police                    Rank
                                          Station

———————————————————————————————–
1134/2010 112/09 Pallikkal Police Station 1st accused
1135/2010 134/10 Varkala Police Station 3rd accused
1136/2010 621/09 Kadakkal Police Station 3rd accused
1137/2010 85/09 Anchuthengu Police 1st accused
Station
1138/2010 135/10 Varkala Police Station 2nd accused

—————————————————————————————–

BA No.1134/2010 & conn. cases 2

4. It is stated that the petitioner was arrested by

Chavara police on 25.12.2009. It was noticed that in respect of

the different offences committed within the limits of different

police stations, separate crimes were registered. Therefore, the

respective cases were transferred to those police stations and

the formal arrest of the petitioner was recorded on different

dates in different crimes. The dates of the formal arrest are not

clearly known and specific instructions have not been furnished

to the learned Public Prosecutor. It is submitted by the learned

Public Prosecutor that in Crime No.135 of 2010 of Varkala Police

Station (Bail Application No.1138 of 2010), the investigation was

completed and charge sheet was filed. In that case, formal

arrest of the petitioner was recorded on 9.2.2009.

5. The learned Public Prosecutor submitted that the

investigation could not be completed in four cases since all the

accused persons were not arrested.

6. The learned counsel for the petitioner submitted that

the petitioner is a motor mechanic and that he was working as

such in the motor workshop. It is submitted that the petitioner

is not involved in the offence. The learned counsel for the

BA No.1134/2010 & conn. cases 3

petitioner also submitted that since the petitioner was arrested

on 25.12.2009 and since charge sheet was not filed in the cases

(except in one case), the petitioner is entitled to default bail

under the proviso to Section 167(2) of the Code of Criminal

Procedure in those cases where charge sheet is not filed within

the time prescribed.

7. The learned Public Prosecutor submitted that the

dates of formal arrest of the petitioner in the different cases are

not readily available and that if the petitioner is entitled to

default bail, he could very well apply before the Magistrate’s

court concerned for such a statutory relief.

8. In the facts and circumstances of the case, I am of the

view that if the petitioner is entitled to statutory bail under the

proviso to Section 167(2) of the Code of Criminal Procedure, he

can very well apply before the Magistrate’s court concerned for

that relief. Though bail can be granted invoking the proviso to

Section 167(2) in these Bail Applications as well, such a course is

not being resorted to, since the correct details regarding the

formal arrest are not available. It is true that final report was

filed in Crime No.135 of 2010 of Varkala Police Station.

BA No.1134/2010 & conn. cases 4

However, I am not disposing of the Bail Application on the merits

in that case as well (Bail Application No.1138 of 2010) and the

petitioner is given liberty to apply for bail afresh before the

Magistrate’s court concerned, in spite of the fact that the

application for bail filed by the petitioner was rejected earlier by

the Judicial Magistrate of the First Class, Karunagappally as per

the order dated 14.1.2010.

9. It is made clear that I have not considered the Bail

Applications on the merits and I have relegated the petitioner to

the Magistrate’s courts concerned giving the petitioner liberty to

apply for regular bail in Crime No.135 of 2010 of Varkala Police

Station and for default bail or regular bail in other cases.

The Bail Applications are disposed of as above with liberty

to the petitioner to approach this Court if occasion arises.

K.T.SANKARAN,
JUDGE
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