Biju, vs State of Kerala,

BIJU, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Jan 31, 2019

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https://sooperkanoon.com/case/1855299

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Citation: sooperkanoon.com/1855299
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Sunil Thomas
Decided On: Jan 31, 2019
Case Number: Bail Appl./555/2019

Parties & Advocates

Appellant / Petitioner

BIJU,

Respondent

State of Kerala,

Excerpt

.....no.735/2018 of walayar police station, palakkad district initially registered for offences punishable under sections 341, 392 read with 34 of ipc, later altered to offenes punishable under sections 341, 395 and 120b of ipc. the allegation of the prosecution is that the petitioner along with the remaining accused hatched a conspiracy to chase a tourist bus, which was proceeding along the national highway towards kanchipuram and to rob a traveller, who was carrying gold ornaments. accordingly, on 21.08.2018 at night, accused nos.1 to 4 chased the bus and when it reached ettimade, the accused posing themselves as police officers, entered into the bus, forcefully abducted the de facto complainant and robbed him of gold ornaments worth ₹35,00,000/-. thereafter, all the 7 accused met together at one place and thereafter sold the gold ornaments. the booty was shared among them. petitioner was arrestedon 01.12.2018 and is in custody since then. he seeks bail.2. learned counsel for the petitionercontended that even according to the prosecution allegation, the petitioner has no specific overt act. no direct evidence has been brought out to implicate the petitioner herein. he has undergone long period of detention.3. opposing the application, the learned public prosecutor submitted that accused nos.7, 4 and 10 are yet to be apprehended. the allegation against the petitioner is very serious. having considered these facts, i am not inclined to grant bail to the petitioner. bail application fails and is dismissed. sd/- sunil thomas, judge pn 31/01

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS THURSDAY, THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940 AGAINST THE ORDER IN CRMC 3492/2018 of SESSIONS COURT, PALAKKAD DATED 16-01-2019 AGAINST THE ORDER IN CRMP 9881/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, PALAKKAD DATED 18-12-2018 CRIME NO. 735/2018 OF WALAYAR POLICE STATION, PALAKKAD PETITIONER/6th ACCUSED: BIJU, AGED 37 YEARS S/O MATHAYI, KAMBIYIL HOUSE, KARIMBA, PUTHUKKAD, PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. SR.PP B JAYASURYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Petitioner stands arrayed as the 6th accused in Crime No.735/2018 of Walayar Police Station, Palakkad District initially registered for offences punishable under Sections 341, 392 read with 34 of IPC, later altered to offenes punishable under Sections 341, 395 and 120B of IPC. The allegation of the prosecution is that the petitioner along with the remaining accused hatched a conspiracy to chase a tourist bus, which was proceeding along the National Highway towards Kanchipuram and to rob a traveller, who was carrying gold ornaments. Accordingly, on 21.08.2018 at night, accused Nos.1 to 4 chased the bus and when it reached Ettimade, the accused posing themselves as Police Officers, entered into the bus, forcefully abducted the de facto complainant and robbed him of gold ornaments worth ₹35,00,000/-. Thereafter, all the 7 accused met together at one place and thereafter sold the gold ornaments. The booty was shared among them. Petitioner was arrested

on 01.12.2018 and is in custody since then. He seeks bail.

2. Learned counsel for the petitioner

contended that even according to the prosecution allegation, the petitioner has no specific overt act. No direct evidence has been brought out to implicate the petitioner herein. He has undergone long period of detention.

3. Opposing the application, the learned Public Prosecutor submitted that accused Nos.7, 4 and 10 are yet to be apprehended. The allegation against the petitioner is very serious. Having considered these facts, I am not inclined to grant bail to the petitioner. Bail application fails and is dismissed. Sd/- SUNIL THOMAS, JUDGE Pn 31/01

Same Court & Year Kerala Orders · 2019 Same Parties BIJU, vs State of Kerala, Same Judge Honourable Mr. Justice Sunil Thomas