~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 5th accused in Crime No.1322/2014 of Chirayinkeezhu Police Station registered for the offences punishable under Sections 452, 427, 395 and 365 IPC.
3. The allegation against the petitioner and the other accused is that on 11.11.2014 at 3 p.m., he along with the other accused, came by two autorickshaws to the house of the de facto complainant woman and they attacked her husband at first. Thereafter, they overpowered the de facto complainant and snatched away the gold thali chain weighing 2 sovereigns from her neck. Thereafter, they damaged some of the household articles in the house and thereafter, they took away all the valuable household articles like T.V. and other materials by the autorickshaw. When they departed, they forcibly took away the husband of the de facto complainant by abducting him and confined him at some other place wrongfully. The petitioner has been in custody for the period from 11.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. According to the learned counsel for the petitioner, the petitioner was innocent as he was only the autorickshaw driver. It seems that the autorickshaw driver was also a part of the gang which committed the dacoity. He had acted hands in gloves with the other accused in carrying out the dacoity and in abducting the husband of the de facto complainant, that too in the broad day light. The house was ransacked and the entire available household articles worth ₹2 lakhs were taken away. The investigation of this case is not over. The materials are yet to be recovered. Considering the seriousness of the allegations against the petitioner and the present stage of investigation, I am of the view that the petitioner is not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/02/12 // True Copy // PA to Judge