Petition filed under Section 439 Cr.P.C.
2. Petitioners are A5 and A6 in Crime No.970/2014 of the Keezhvaypur Police Station, Pathanamthitta registered for the offences punishable under Sections 457 461, 380, 120B and 441 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that some time in between 11 p.m. on 23.07.2014 and 9.00 a.m. on 24.07.2014 a large hole was made on the wall of an uninhabited building adjacent to the Jose Jewellery at Mallappally by using weapons, thereby committed trespass into the jewellery. Silver jewellery for 10 kgs. worth ₹4 lakhs and the gold jewellery kept in a locker worth ₹65,25,000/- having a weight of 2.5 kgs along with an amount of ₹ 1,69,000/- kept in the locker were stolen away, thereby committing theft of articles worth ₹70,94,000/-. Some of the accused were arrested and just 12.86 gms of gold, 639.420 gms of silver and an amount of ₹95,500/- alone could be recovered. The other accused are yet to be arrested. The petitioners have been in custody for the period from 11.08.2014 onwards.
4. The allegation against the petitioners is that they are hailing from West Bengal and they have accommodated the other accused who stayed with them and they pointed out the jewellery to them and also have hatched the criminal conspiracy with them to commit theft. There is no allegation that they have committed theft of any articles. It is alleged that they have facilitated the theft and they remained here and the other accused who had committed the theft had gone back to West Bengal and other northern States with the stolen properties.
5. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the CD.
6. It is a fact that the other accused, who are actually involved in the theft, are yet to be arrested. Articles worth lakhs and lakhs are yet to be recovered. At the same time, the role attributed to the petitioners in the matter by the police are very limited. The only allegation is that they had arranged accommodation to the other accused who had allegedly committed the theft. It is a fact that they have not gone back to their native place even after the theft. The investigation of the case, as far as these petitioners are concerned, is over and a final report has been filed. The defacto complainant has filed a petition seeking further investigation in the matter under Section 173(8) of Cr.P.C. and the same is pending, as the remaining articles have not been recovered. The learned counsel for the petitioners has pointed out that the local residents are ready and willing to take the petitioners on bail and to keep them. No criminal antecedents have been reported against the petitioners. Considering all the above, I am of the view that the petitioners can be enlarged on bail on strict conditions.
7. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on their executing a bond for `5,00,000/- (Rupees five lakhs only) each with two solvent sureties each for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) Both the sureties shall be from the State of Kerala and they shall undertake that they will produce the petitioners, as and when required, either before the investigating officer or the court below.
(ii) The petitioners shall not leave the jurisdiction of the Circle Inspector of Police, Mallappally without the permission of the court below, till the disposal of the case against them.
(iii) The petitioners shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays commencing from 04.12.2014 for a period of six months.
(iv) The petitioners shall not tamper with the evidence or influence witnesses.
(v) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(vi) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
B. KEMAL PASHA, JUDGE ul/-
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