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HIGH COURT OF KERALA
A. BADHARUDEEN, J
UNNIKRISHNAN @ THIRUVALLAM UNNI – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 10357 2022
Bail - Criminal Procedure - Code of Criminal Procedure, 1973 Section 439, Indian Penal Code Sections 457, 380, 461 - The court concluded that the petitioner’s extensive criminal history and habitual offending justified the denial of bail, emphasizing public safety and the need for trial continuity.
Fact of the Case:
The petitioner filed for regular bail under Section 439 of the Code of Criminal Procedure, being accused of multiple thefts and breaking and entering. The prosecution presented evidence of the petitioner’s extensive criminal history, including 52 similar offenses.
Issues: Whether the petitioner should be granted bail despite the serious nature of the charges and the petitioner's extensive history of similar offenses.
Ratio Decidendi: The court held that the habitual nature of the offenses and the risk presented to public safety are valid grounds for refusing bail, particularly when the accused has multiple pending cases.
Final Decision: The bail application is dismissed, and the trial court is directed to expedite the trial.
O R D E R
Dated, this the 27th February, 2023 This is a petition filed under Section 439 of the Code of Criminal Procedure, by the petitioner, who is the sole accused in Crime No.1055/2022 of Mundakayam Police Station, where he alleged to have committed offences punishable under Sections 457 , 380 and 461 of Indian Penal Code , and the petitioner seeks regular bail.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
3. Perused the relevant documents placed by the learned Public Prosecutor forming part of the Case Diary and the report of the investigating officer.
4. The prosecution allegation in this case is that in between 7:15 p.m. on 20.07.2022 and 8:15 a.m. on 21.07.2022, the accused herein break opened the shutter of the shop of the defacto complainant and, thereafter, stolen away sum of Rs.85,000/- kept inside the table along with 100 Kg of pepper and cocoa and 150 Kg of scrap rubber, worth Rs.1,62,000/-. On investigation, the involvement of the petitioner was found and, accordingly, he was nabbed and detained in custody from 01.09.2022.
5. While pressing for grant of regular bail to the petitioner, the learned counsel for the petitioner highlighted that final report already filed and the petitioner, who has been in custody from 01.09.2022, deserves bail.
6. Whereas, the learned Public Prosecutor placed a detailed report of the investigating officer, showing complicity of the petitioner in this crime prima facie and his involvement in 48 cases, apart from this case. Majority of these crimes are offences under Sections 457 , 380 and 353 of the Indian Penal Code . The following are the crimes, where the petitioner had involvement, prior to this crime:
1) Aryankode Police Station - Crime
447/2013 U/s.457, 389, 461 IPC .
2) Aryankode Police Station - Crime
496/2013 U/s.457, 380 IPC .
3) Aryankode Police Station - Crime
497/2013 U/s.457, 380 IPC .
4) Aryankode Police Station - Crime
498/2013 U/s.457, 380 IPC .
5) Aryankode Police Station - Crime
334/2016 U/s.107 Cr.P.C.
6) Aryankode Police Station - Crime
905/2017 U/s.269, 308 IPC and Section
120(e) of KP Act.
7) Aryankode Police Station - Crime
954/2017 U/s.452, 457 IPC .
8) Aryankode Police Station - Crime
1020/2017 U/s.107 Cr.P.C.
9) Aryankode Police Station - Crime
136/2018 U/s.457, 380 IPC .
10) Aryankode Police Station - Crime
905/2018 U/s.379 IPC .
11) Aryankode Police Station - Crime
544/2010 U/s.41(2) Cr.P.C.
12) Neyyattinkara Police Station - Crime
209/2014 U/s.457, 380, 34 IPC .
13) Neyyattinkara Police Station - Crime
210/2014 U/s.457, 380, 34 IPC .
14) Neyyattinkara Police Station - Crime
211/2014 U/s.457, 380, 34 IPC .
15) Neyyattinkara Police Station - Crime
1070/2019 U/s.323, 353 IPC .
16) Thiruvananthapuram Medical College Police Station - Crime 151/2014 U/s.
380 IPC .
17) Thiruvananthapuram Police Station -
Crime 154/2014 U/s.457, 380 IPC .
18) Poojapura Police Station - Crime
253/CB/2022 U/s.379 IPC .
19) Museum Police Station - Crime
375/CB/224/2003 U/s.457, 380, 461, 34 IPC .
20) Museum Police Station - Crime 770/2015 U/s.457, 380, 461, 34 IPC .
21) Museum Police Station - Crime 769/2015 U/s.457, 380, 461, 34 IPC .
22) Fort Police Station - Crime 551/2002 U/s.41(1)(d) Cr.P.C.
23) Fort Police Station - Crime 483/2006 U/s.379, 34 IPC .
24) Vattappara Police Station - Crime
247/2008 U/s.379 IPC .
25) Venjaramoodu Police Station - Crime
649/2009 U/s.511, 457, 380 IPC .
26) Kovalam Police Station - Crime
164/2014 U/s.457, 380, 411, 34 IPC .
27) Karamana Police Station - Crime
431/2014 U/s.419, 465, 468 IPC .
28) Nemam Police Station - Crime 36/2014 U/s.379, 480 IPC .
29) Nemam Police Station - Crime 38/2014 U/s.379, 480 IPC .
30) Nemam Police Station - Crime 39/2014 U/s.379, 480 IPC .
31) Nemam Police Station - Crime 40/2014 U/s.379, 480 IPC .
32) Nemam Police Station - Crime 41/2014 U/s.379, 480 IPC .
33) Nemam Police Station - Crime 1735/2014 U/s.379, 480 IPC .
34) Maranelloor Police Station - Crime
258/2021 U/s.457, 380 IPC .
35) Maranelloor Police S
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