IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4845 of 2009()
1. MUTHAPPA @ SURESH BELEGAR,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.S.JIJI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NOS.4845, 4846 & 4847 OF 2009
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Dated this the 27th August, 2009
O R D E R
In all these Bail Applications, the petitioner is the same person. He
has filed these applications for bail under Section 439 of the Code of
Criminal Procedure.
2. B.A.No.4845 of 2009 relates to Crime No.74 of 2009 of
Kasaragod Police Station. The petitioner is the sole accused. The
offences alleged against the petitioner are under Sections 454, 380
and 461 of the Indian Penal Code. The date of occurrence was on
31.1.2009. The allegation is that the petitioner committed theft of 28
sovereigns of gold, Rs.1.5 lakhs and two torches and thereby caused
a loss of Rs.4,30,000/- to the de facto complainant.
3. B.A.No.4846 of 2009 relates to Crime No.157 of 1999 of
Manjeshwar Police Station. The petitioner is the second accused in
that case. The offences alleged against the accused persons are
under Sections 454 and 380 read with Section 34 of the Indian Penal
Code. That case relates to theft of a gold chain weighing 1.25
B.A. NOS.4845, 4846 AND 4847 OF 2009
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sovereigns and Rs.3,000/-. The Incident was on 23.6.1999. At that
time, the petitioner was a juvenile.
4. B.A.No.4847 of 2009 relates to Crime No.932 of 2008 of
Kasaragod Police Station. The petitioner is the second accused in
that case. The offences alleged against the accused persons are
under Sections 380, 454 and 461 read with Section 34 of the Indian
Penal Code. The date of occurrence was on 4.12.2008. The
allegation is that the accused persons committed theft of 39
sovereigns of gold, one pair of silver anklets and Rs.10,000/- from
the house of the de facto complainant, thereby causing a total loss of
Rs.4 lakhs to him.
5. The petitioner was arrested on 22.7.2009 in Crime No.932
of 2008 of Kasaragod Police Station and his formal arrest was
recorded on 4.8.2009 in Crime No.74 of 2009 of Kasaragod Police
Station and on 1.8.2009 in Crime No.157 of 1999 of Manjeshwar
Police Station.
6. Learned Public Prosecutor submitted that the petitioner is
involved in four criminal cases in Karanataka State. Out of the said
B.A. NOS.4845, 4846 AND 4847 OF 2009
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four cases, three cases involved offences of the nature similar to the
offences involved in the present cases. In one case registered in
Karnataka State, the allegation is that the accused committed
murder.
7. In 1999, when Crime No.157 of 1999 was committed, the
petitioner was a juvenile. Later, it is submitted by the learned Public
Prosecutor that the petitioner shifted his venue of operation to
Karnataka State where he indulged himself in similar criminal
activities. Thereafter, he came to Kerala and committed similar
offence. If the petitioner is released on bail, it is submitted by the
learned Public Prosecutor that he would make himself scarce and he
would commit offences of similar nature either in Kerala State or in
Karnatala State or in both the States.
8. In the facts and circumstances of the case, I do not think, it
is safe to release the petitioner on bail. If he is released on bail, it is
most likely that he will indulge himself in similar criminal activities.
Series of incidents and the nature of the cases revealed that the
petitioner has not reformed himself. If the petitioner is enlarged on
bail, interest of the public at large would be in peril.
B.A. NOS.4845, 4846 AND 4847 OF 2009
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For the aforesaid reasons, I am not inclined to grant bail to the
petitioner. The Bail Applications are accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/