Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 2ND DAY OF JULY 2013 11TH ASHADHA, 1935 Bail Appl..No. 4538 of 2013 () ------------------------------- CRIME NO. 410/2013 OF KALPETTA POLICE STATION , WAYANAD DISTRICT ---------------------------------------- PETITIONER/2ND ACCUSED : ------------------------------------------ RIYAS K.R., S/O.RAZAK,AGED 2 YEARS, KANHIRAPARAMBIL HOUSE, VARANTHARAPPALLI, THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT/COMPLAINANT : ---------------------------------------------------- THE SUB INSPECTOR OF POLICE, KALPETTA, WAYANAD DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-07-2013, ALONG WITH BA.NO. 4581/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts S.S.SATHEESACHANDRAN, J.
----------------------------------------------- B.A No.4538 & 4581 of 2013 ------------------------------------------------------- Dated this the 2nd day of July, 2013 ORDER Above petitions are filed by the accused, two in number, in Crime No.410 of 2013 of Kalpetta Police Station under Section 439 of the Code of Criminal Procedure seeking their enlargement on bail. B.A No.4538 of 2013 is by the second accused and B.A No.4581 of 2013 by first accused in the crime.
2. The above crime was registered for offences punishable under Sections 392, 394 and 398 of the Indian Penal Code over an occurrence, which allegedly took place at about 10:00 p.m on 22.05.2013 in the public road leading from Chungam to Kalpetta old bus stand. Allegation is that when de facto complainant with another was proceeding through that road, accused persons, who came in a motor vehicle, stopped such vehicle beside them and one of the occupants of the vehicle got down and assaulted the companion of de facto complainant with a sword stick. The B.A No.4538 & 4581/2013 2 assailant, then, caught hold of the bag possessed by companion of de facto complainant and got into the car and, then, the vehicle was driven away. De facto complainant and his companion are stated to be engaged in collecting gold ornaments from jewelleries and then supplying them with new ornaments. The bag seized from the possession of companion of de facto complainant contained 400 gm of gold ornaments and cash of Rs.1,50,000/- and it was robbed by the assailants, is the gist of accusation. Crime was registered recording the statement of de facto complainant and while investigation was in progress police got information that accused persons after sustaining injuries in a motor vehicle accident are hospitalised. Further investigation conducted revealed that at the hospital they handed over some gold ornaments and also cash to the nurse for safe custody. Investigation disclosed that the valuable articles handed over by them at hospital were those robbed from de facto complainant and his companion after assaulting them. Petitioners, both accused, were thereupon arrested and they were produced before Magistrate, who remanded them to judicial custody. B.A No.4538 & 4581/201”
3. Learned counsel for petitioners submitted that the allegations imputed against them to implicate them in the grave offences covered by the crime are false. Both of them are gulf returnees and they went over to Wayanad for site seeing, is the submission of counsel. Pointing out the period of detention already undergone by petitioners counsel urged for granting them bail subject to conditions as deemed fit and proper. Opposing the application learned Public Prosecutor submitted that the materials gathered by investigating agency disclose complicity of petitioners in the grave offences imputed and their release at this stage when investigation is continuing will not be conducive to justice. Injured in the case suffered very grave injuries and that too on being assaulted with a sword stick, is also pointed out by learned Public Prosecutor to contend that a deadly weapon was used for committing robbery. Petitioners are not entitled to be released on bail at this stage is the further submission of learned Public Prosecutor.
4. Case Diary has been produced for my perusal. Perusing the case diary, it is seen that the materials gathered so far give enough room to suspect complicity of petitioners in the grave B.A No.4538 & 4581/2013 4 offences imputed in the crime. Robbery was committed using a deadly weapon, a sword stick, and the victim was assaulted with such weapon necessarily has to be taken into account in considering the entitlement of petitioners for bail at this stage when investigation is still continuing. If petitioners are released at this stage, threat and intimidation of witnesses cannot be ruled out and, further, it may also seriously prejudice smooth completion of investigation of the crime. In such circumstances, I find, petitioners are not entitled to be released on bail at this stage. Petition is dismissed. vdv S.S.SATHEESACHANDRAN, JUDGE