ORDER

These are applications filed under Section 439 of the Criminal Procedure Code by accused Nos. 5 and 3 respectively, in Crime No. 750/2021 of Attingal Police Station, which was registered alleging offence punishable under Sections 451, 457, 380, 414 read with 34 I.P.C.

2. The allegation is that accused Nos. 1 to 8 in furtherance of their common intention, trespassed into the warehouse of the Kerala State Beverages Corporation at Attingal between 09.05.2021 and 20.05.2021 and committed theft of 128 cases of Indian made foreign liquor. The other accused Nos. 9 to 12 had allegedly assisted accused Nos. 1 to 8 in the commission of the crime. Accused No. 5, who is the petitioner in B.A. No. 4578/2021 was arrested on 27.05.2021 and the third accused, who is the petitioner in B.A. No. 4639/2021 was arrested on

28.05.2021.

3. The learned counsel for the petitioners submitted that both of them are first time offenders, they do not have any criminal antecedents. According to the counsel for the third accused, he was abroad and had come back only in March last, that his wife has recently gave birth to a child and that he alone is there to look after them.

4. The learned Public Prosecutor on