This is an order on a bail application filed for anticipatory bail in a dacoity/robbery case involving allegations under the IPC. The court declined to grant bail at this stage, noting the gravity of the offence and the likelihood of the accused interfering with witnesses or investigation.
No bail granted; the application is dismissed.
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 N.K.BALAKRISHNAN
TUESDAY, THE 10TH DAY OF JULY 2012/19TH ASHADHA 1934
Bail Appl..No. 4291 of 2012 ()
CRIME NO.341/2012 OF KOTTAKKAL POLICE STATION
PETITIONER(S)/ACCUSED :
1. VINOSH, S/O. VARGHESE KAPPATTY,AGED 27 YEARS, NADUVILAMULLOTH KAPPATTY HOUSE, ASHOKA ROAD, KALOOR P.O., KOCHI-17.
2. VARGHESE KAPPATTY , S/O. N.K.VARGHESE,AGED 57 YEARS, PROPRIETOR, PANDA INTERNATIONAL,ASHOKA ROAD, KALOOR NOW RESIDING AT NADUVILAMULLOTH KAPPATTY HOUSE, ASHOKA ROAD, KALOOR P.O., KOCHI-17.
BY ADV. SRI.ALEXANDER GEORGE
RESPONDENT(S)/COMPLAINANT/STATE :
1. STATE OF KERALA,
2. THE SUB INSPECTOR OF POLICE ,
BY PUBLIC PROSECUTOR SMT.JASMINE.V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
N.K. BALAKRISHNAN, J.
B.A. No: 4291 of 2012
Dated this the 10th day of July, 2012
O R D E R
Petitioners are A2 and A3 in Crime No:341/2012 of Kottakkal Police Station, Malappuram District. The offences alleged are under sections 399, 120(B), 395 and 342 of IPC. Apprehending arrest this petition is filed for anticipatory bail.
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freezed and that the 'fund proof' was fraudulently created and so the parties were stated to have rescinded from the contract or that the said contract came to an end, the prosecution contends. But the 15th accused somehow or other wanted to get that property and for that purpose he entered into a criminal conspiracy with the 1st accused and others and in pursuance of that criminal conspiracy, the 1st accused, by representing himself as the person who wanted to purchase the property of the complainant, contacted the complainant over phone. It was stated that a criminal conspiracy was entered into from the house of the 15th accused. The prosecution alleges that in pursuance of the criminal conspiracy, A1 representing himself as the purchaser; A5 as the middleman; A3 and A4 for arranging man power and by committing robbery of the title deed and other documents, went to the building 'Grand Malabar Residency', Kottakkal, and took room nos: 203 and 204 for
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that purpose. It was further alleged that A14 was asked to represent himself as an Advocate to verify the title deed. The 1st accused remained in room no.203, while A2 and A5 went in a Car bearing no.KL-43-A-1585 and they were giving instructions and directions to execute the robbery as mentioned earlier.
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sovereign, worn by the complainant . So many other allegations are also made regarding the dacoity committed by the accused persons. So many gold ornaments and money were forcibly taken away by the accused persons, it is alleged.
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ready to purchase the property and that these petitioners have no role in the alleged offence in respect of which crime has been registered by Kottakkal Police. The learned Public Prosecutor submits that the investigation is only at the initial stage. The criminal conspiracy and the way in which the dacoity was executed would show the gravity of the offence. The learned Public Prosecutor further submits that since deadly weapons were used for commission of robbery the offence would actually fall under section 397 of IPC.
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underground or becoming unavailable to the investigating agency also cannot be ignored. Considering all these aspects, I am not inclined to grant bail to the accused at this stage.
The application is dismissed.
Sd/N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
1 issue framed by the court
Whether anticipatory bail should be granted to the accused facing charges under the IPC for dacoity and robbery.
2 provisions across 1 enactments
Vinosh
Varghese Kappatty
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
