ALBY K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for regular bail under Section 439 of Cr.P.C.

(2.) The prosecution case in B.A No.332/21 is that the applicant had in furtherance of common intention with the coaccused allegedly entered into the 2nd floor of the Kerala Trade Center and stole iron scraps, which was used for balancing the lift and allegedly sold the same at a shop at Kandavanthra and thereby made illegal profit. As regards B.A No.566/2021 the allegation of the prosecution is that on 12.11.2020 between 1.35 a.m. and 1.41 a.m. the applicant along with other accused attempted to commit theft from a ATM counter situated at Parayi Junction using a Gas Cutter. The applicant was arrested on 22.11.2020 in connection with another crime No.689/2020 of Ernakulam Town South Police Station for offences punishable under Sections 447 and 380 of IPC and after being in custody he has been released on bail in that crime. The formal arrest of the applicant in B.A.566/21 was on 3/12/2020 and in B.A No.332//2021 his formal arrest was recorded on 12.12.2020. The applicant has been in custody since then.

(3.) The applicant states that he is innocent and the allegations are not true.