Jinith Baby v. The State of Kerala and Kuruppumpady Police Station

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen, J.
Judgment Date: 2023-02-27
Court Decision / Holding: The petition is allowed. The first accused Jinith Baby is released on bail on the following conditions: (i) bond for Rs. 30,000 with two solvent sureties of equal amount; (ii) no intimidation of witnesses or tampering with evidence; (iii) co-operation with investigation and availability for trial; (iv) appearance before the investigating officer as directed until investigation is complete; (v) no inducement or promise to any person acquainted with the facts; (vi) no involvement in any other offence during the bail period, with breach constituting cancellation of bail.
Final Disposition: Bail granted

Parties to the Case

Appellants / Petitioners

Jinith Baby

Respondents

The State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam, Kochi, PIN - 682031
The Station House Officer Kuruppumpady Police Station, Ernakulam District, PIN - 683545

Legal Representation & Advocates

Counsels for Petitioners

• Adv. Babu S. Nair

Counsels for Respondents

• Sri. P. G. Manu, Senior Public Prosecutor

Case Synopsis & Summary

This is a bail application under Section 439 CrPC by Jinith Baby, the first accused in Kuruppumpady PS Crime No. 69/2023 for an offence under Section 395 IPC. The prosecution case, as per the charge diary, is that on 05 February 2023 at about 19.30 hours, the first accused and his associates attacked the defacto complainant and his friend at Nedungapara Shappumpady junction, in a Swift car, robbed the complainant of a mobile phone worth Rs. 16,000 and cash Rs. 1,800, on the pretext of the first accused’ non-payment of Rs. 5,000 for paint goods purchased on credit. The prosecution contains that the third and fourth accused are habitual offenders, with the third accused having a history of various offences and the fourth accused having offences including IPC 279 and related acts; however, no antecedents were shown against the petitioner. During hearing, the petitioner’s counsel contended that the allegations are false, the petitioner is a first-time offender, and the entire case arose merely because of non-payment of Rs.5,000, warranting regular bail. The Public Prosecutor opposed bail, arguing that the materials prima facie support a case and the petitioner has been in custody since 06.02.2023. The court, after evaluating the case diary and investigation progress, grants regular bail on conditions balancing crime seriousness with absence of personal antecedents.

Provisions of Law Cited

Section 439 of the Criminal Procedure CodeSection 395 of the Indian Penal Code

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the allegations are false; he is a first-time offender and the case is rooted in non-payment of Rs. 5,000 for paint supplies on credit. He seeks regular bail, arguing that custodial detention at this stage would be unwarranted given lack of antecedents and the possibility of fair investigation and trial with appropriate conditions.

Contentions of Respondents

The Public Prosecutor opposes bail, urging that the materials on record establish a prima facie case and that the accused, having been in custody since 06.02.2023, should not be released at an early stage of investigation, especially given the involvement of other accused with serious criminal histories.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 27[TH] DAY OF FEBRUARY 2023 / 8TH PHALGUNA,** ## **1944** **BAIL APPL. NO. 1262 OF 2023** **CRIME NO.69/2023 OF KURUPPUMPADY POLICE STATION,** ## **ERNAKULAM** ## **PETITIONER/ACCUSED NO.1 :** **JINITH BABY, AGED 35 YEARS, S/O.BABY, MANIYATT HOUSE, CANAL PALAM BHAGAM, RAYAMANGALAM, ERNAKULAM DISTRICT, PIN - 683545** **BY ADV BABU S. NAIR** ## **RESPONDENTS/STATE & COMPLAINANT :** - **1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031** - **2 THE STATION HOUSE OFFICER KURUPPUMPADY POLICE STATION, ERNAKULAM DISTRICT, PIN - 683545** **BY SRI.P G MANU, SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20.02.2023, THE COURT ON 27.02.2023 DELIVERED THE FOLLOWING:** B.A.No.1262 of 2023 ..2.. ## **A.BADHARUDEEN, J.** **-------------------------------------------------------B.A.No.1262 of 2023** **-------------------------------------------------------Dated this the 27[th] day of February, 2023** ## **O R D E R** This is an application for regular bail filed under Section 439 of the Criminal Procedure Code by the first accused in Crime No.69 of 2023 of Kuruppumpady Police Station, Ernakulam where, the accused alleged to have committed offence punishable under Section 395 of the Indian Penal Code. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. I have perused the Case Diary as such B.A.No.1262 of 2023 ..3.. produced by the learned Public Prosecutor. 4. The prosecution case is that, at about 19.30 hours on 05.02.2023, accused Nos.2 to 6, who are the friends of the first accused, reached at Nedungapara Shappumpady junction, in a Swift car bearing Registration No.KL/40-U-3771 owned by the third accused and assaulted the defacto complainant and his friend one Mr.Berly Lasser, while they were sitting on the corridor area of a building and robbed the mobile phone worth Rs.16,000/- and cash Rs.1,800/- belonged to the defacto complainant, on the allegation that the first accused failed to pay Rs.5,000/- towards the price of paint purchased by one Prinson Joseph from the shop of the first accused on credit basis. On this premise, the prosecution alleges commission of the above offence. 5. While pressing for grant of regular bail to B.A.No.1262 of 2023 ..4.. the petitioner who has been in custody from 06.02.2023, the learned counsel for the petitioner would submit that the entire allegations are false. Highlighting the fact that the petitioner is a first time offender and the entire case emanated on the premise of non-payment of Rs.5,000/by the first accused to the defacto complainant, the learned counsel pursued regular bail. 6. The learned Public Prosecutor opposed bail and pointed out that the available materials would substantiate prima facie case and therefore, the petitioner, who has been in custody from 06.02.2023, cannot be released at the extreme primitive stage of investigation. 7. I have gone through the case diary and the report of the Investigating Officer. In the report of the Investigating Officer, it has been reported that the B.A.No.1262 of 2023 ..5.. first accused sent the other accused to the defacto complainant and robbed his mobile phone worth Rs.16,000/- and cash Rs.1,800/- from the defacto complainant. Further, it is pointed out that the third and fourth accused in this crime are habitual offenders. The third accused has involvement in the following crimes; Kuruppamapady PS Crime. 866/2020 U/s.143, 147, 148, 323, 324, 308, 427 r/w 149 IPC. Kuruppamapady PS Crime.267/2022 U/s.279 IPC. Kuruppamapady PS Crime.884/2022 U/s.15(C) Abkari act. Kuruppamapady PS Crime.1035/2022 U/s.279 IPC & 185 MV Act. Kodanad PS Crime.929/2021 U/s.447, 294(b), 506(i), 427 IPC. The fourth accused has involvement in the following crimes; Kuruppamapady PS Crime.160/2022 U/s.279 IPC. Kuruppamapady PS Crime.1036/2022 U/d.6(b) COTPA. B.A.No.1262 of 2023 ..6.. 8. Anyhow, no antecedents reported in relation to the first accused/petitioner. Eventhough the allegations are well made out prima facie, having noticed the progress of investigation and the custody of the petitioner from 06.02.2023, I am inclined to release him on bail on conditions. In the result, this petition stands allowed and he is released on bail on the following conditions: i. The petitioner shall be released on bail on his executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned. ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. iii. The petitioner shall appear before the B.A.No.1262 of 2023 ..7.. Investigating Officer as and when directed, till the investigation is over. iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted. Sd/- ## **A.BADHARUDEEN, JUDGE** rkj B.A.No.1262 of 2023 ..8.. ## **APPENDIX OF BAIL APPL. 1262/2023** **PETITIONER ANNEXURES ANNEXURE A A TRUE COPY OF THE ORDER DATED, 7-2-2023 IN C.M.P.NO.235/2023 OF THE J.F.C.M.-III, PERUMBAVOOR**