Kerala High Court
Sarath Sasi vs State Of Kerala on 6 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 6TH DAY OF JUNE 2022 / 16TH JYAISHTA, 1944
BAIL APPL. NO. 3196 OF 2022
CRMP 492/2022 OF DISTRICT COURT& SESSIONS COURT,
PATHANAMTHITTA
CC 3802/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,THIRUVALLA
PETITIONER:
SARATH SASI
AGED 32 YEARS
POOMANGALATHU HOUSE, THUKALASSERY P.O.,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN -
689101
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
NITHEESH.M
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KEEZHVAIPUR POLICE STATION, KEEZHVAIPUR P.O.,
PATHANAMTHITTA DISTRICT, PIN - 689587
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA. No.3196/2022
..2..
ORDER
Dated this the 6th day of June, 2022 This is an application for Regular Bail.
2. The petitioner is an accused in Crime No.983/2021 on the file of Keezhvaipur Police Station, now pending as C.C. No.3802/2021 on the file of the Judicial First Class Magistrate Court, Thiruvalla alleging commission of offences punishable under Sections 379, 411, 468 and 471 r/w Section 34 of the IPC.
3. Prosecution allegation is that, on 22.11.2020 at 19.15 'O' Clock accused 1 and 2 stole the scooter bearing number KL-28-B-6988 (Activa scooter) owned by the de facto complainat parked at the side of Mallappally-Kallooppara Road on the way to Kondoor house and used it after replacing its registration board by a false and fabricated one and these facts constituted the offences punishable under Sections 379, 411, 468 and 471 r/w Section 34 of the IPC, 1860.
4. The petitioner earlier moved applications for bail, but the same was rejected as per Anx.I and II-Orders. BA. No.3196/2022
..3..
5. The learned Public Prosecutor strongly opposed the application for bail and on the basis of the instructions, submitted that the accused is involved in ten other cases and he is a habitual offender and the details of the said cases are given below:
1. 1653/2018 U/s 332 IPC
2. 545/2019 U/s 457, 380 IPC
3. 659/2019 U/s 457, 380 IPC
4. 730/2019 U/s 457, 380 IPC
5. 731/2019 U/s 457, 380 IPC
6. 732/2019 U/s 457, 380 IPC
7. 733/2019 U/s 457, 380 IPC
8. 734/2019 U/s 457, 380 IPC
9. 735/2019 U/s 457, 380 IPC, 34 IPC
10. 736/2019 U/s 457, 380 IPC, 34 IPC
6. The learned Public Prosecutor further submitted that if the petitioner is released on bail, there is chance to influence the witnesses and to continue involve in offences of similar nature.
Having regard to the facts and circumstances of the case and taking all these aspects into consideration and considering the fact that the petitioner is a habitual offender, I am not BA. No.3196/2022 ..4..
inclined to grant bail to the petitioner at present.
Accordingly, the bail application is dismissed.
Sd/-
VIJU ABRAHAM, JUDGE ded/06.06.2022