Kerala HC dismissed a bail application filed by two accused in a dacoity and theft case. The court refused bail noting serious offences, continuing absconding accused, and unrecovered stolen articles, directing police to complete investigation further.
Bail application dismissed; liberty to move court again after 6/3/08 or upon filing of final report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929
Bail Appl..No. 799 of 2008() ----------------------------
CRIME NO.757/07 OF THRISSUR TOWN EAST POLICE STATION
PETITIONERS : ACCUSED NO.1 AND 5 IN CRIME NO.757/2007:
BY ADV. SRI.JYOTHISH.J.KALLINGAL
RESPONDENTS: COMPLAINANT, STATE;
STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THRISSUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY P.P. SRI. JAI GEORGE.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
B.A. No. 799 OF 2008
Dated this the 21st day of February, 2008
ORDER
Application for regular bail. The petitioners are accused 1 and 5. Altogether, there are 5 accused persons. They face allegations in a crime registered for offences punishable, inter alia, under Secs.120B and 394 of the IPC as also Sec.27 of the Arms Act.
B.A. No. 799 OF 2008 -: 2 :-
of the crime to survey the same and show the same to accused 2 to 4. On the date of the occurrence, accused 2 to 4 were to take part in the mission. Accused No.1 had dropped them at the scene of the crime. All the three were armed with pistols. They were supposed on the night to break into the establishment and commit theft of gold and cash which were available in the establishment. Accused 2, 3 and 4 went to the premises. But unfortunately one of the pistols got fired accidentally and the 4th accused suffered injuries. He immediately withdrew from the scene of the crime. He contacted the 1st accused over the telephone who came to the scene of the occurrence on a motorcycle. Accused No.4 was taken to the hospital. He was admitted there. He underwent treatment. On his statement, a crime was registered as Crime No.766/07.
B.A. No. 799 OF 2008 -: 3 :-
arrested later. The First Information Statement lodged by him is now proved to be false and given only to exculpate himself from the allegations in this crime. Accused 2 and 3 are at large. The booty has not been recovered yet. Investigation is in progress. Despite best efforts, the police have not been able to arrest A2 and A3 or effect recovery of the stolen articles.
B.A. No. 799 OF 2008 -: 4 :-
cannot and does not deserve to be invoked in favour of the petitioners. The police, in a serious crime like this, I am satisfied, must be given reasonable further time to complete the investigation.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
B.A. No. 799 OF 2008 -: 5 :-
3 issues framed by the court
Whether regular bail should be granted to accused alleged to have conspired in dacoity while two co-accused remain at large.
Whether further time must be given to the police to complete investigation in serious offences.
Whether the invocation of discretionary power under Sec.439 Cr.P.C. is appropriate at this stage of investigation.
4 provisions across 3 enactments
INTAZ MUNSHI
S.K.MAROOF ALI
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
