Petition filed under Section 438 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.1766 of 2014 of Koratty Police Station, registered for the offences punishable under Sections 457, 461 and 380 IPC.
3. It is alleged that in between 11.00 p.m. on 16.10.2014 and 7.30 a.m. on 17.10.2014, somebody had committed house breaking into the official residence of the defacto complainant and after breaking open the almirah, committed theft of a gold finger ring studded with precious stones, cheque books and cards. One of the cheque leaves was altered into a cheque and presented at the bank. It was revealed that the theft was committed by the 1st accused. The present petitioner is the wife of the 1st accused. The investigation reveals that she pledged the valuable gold finger ring at Muthoot Finance Ltd. She had provided the phone number of her husband, who is the 1st accused, at the bank as contact number. The 1st accused is absconding and his whereabouts are not known.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the 1st accused, who is the husband of the petitioner, is an accused in several other cases relating to theft. Even though the learned counsel for the petitioner has argued that the only allegation against the petitioner is that she has received the stolen property, it seems that her role is much more than that. Considering the facts and circumstances of the case and the present stage of the investigation, I do not think that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6. The learned counsel for the petitioner seeks for an opportunity to the petitioner to surrender before the investigating officer and to co-operate with the investigation. In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
DSV/03/12 Sd/-
B.KEMAL PASHA, JUDGE // True Copy // PA to Judge