This is an application filed by the 7th accused in Crime No.970/2014 of Keezhvaipur Police Station for regular bail under section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that the accused, seven in number, conspired together and in furtherance of their common object, between 11.00 p.m. on 23.07.2014 and 9.00 a.m. On 24.07.2014, criminally trespassed into Jose Jewelery owned by CW1 in Mallappally and after making a passage through the wall of CW1's house broke open the receptacles and committed theft of 10 Kgs of silver jewelery worth Rs.4,00,000/-, 2½ Kgms of gold jewelery worth Rs.65,25,000/- and currency of Rs.1,69,000/- and thereafter the same were sold to several other persons, who purchased the same knowing that it was stolen property and thereby all of them have committed the offences punishable under section 120(b), 457, 461, 380 and 411 r/w 34 of Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case and no article was recovered from his possession and he is in jail from 11.08.2014 onwards. Investigation is over and so his custody is not required any more.
4. The application is opposed by the Public Prosecutor on the ground that though there were 21 persons arrayed as accused and since the whereabouts of the other accused could not be traced out, they completed the investigation and filed final report in respect of seven accused persons who have been arrested. Some of the accused persons were arrested from Jharghand and the petitioner is from West Bengal and if bail is granted he is likely to abscond and his presence could not be procured for trial.
5. Heard both sides and perused the case diary file.
6. It is seen from the case diary file that the case was originally registered on the basis of the statement given by the defacto complainant as Crime No.970/2014 of Keezhvaipur Police Station against unknown persons alleging offences under section 457, 461 and 380 of Indian Penal Code. Thereafter, during investigation they were able to arrest accused nos. 1, 3 and 4 from Jharkhand and on interrogation, it was revealed that other accused persons including the petitioner had involved in the transaction and accordingly they were implicated and all of them were arrested and the present petitioner was arrested on 11.08.2014. It is seen from the report of the Investigating Officer that the present petitioner also had some involvement in the commission of the crime. Whether the allegations are true or not is a matter for evidence. The investigation is completed as regards the seven accused persons who had already been arrested and final report has been filed on 15.09.2014. Further, the apprehension of the Prosecutor that if bail is granted to the petitioner he is likely to abscond cannot be ruled out, considering the fact that he is a man from West Bengal and the other accused persons are also from Jharkhand and other places. So considering the circumstances, this Court feels that this is not a fit case to grant bail to the petitioner at this stage as it is likely to affect the trial of the case as the presence of the petitioner could not be procured and his possibility of absconding cannot be ruled out. Considering the circumstances, this Court feels that the petition can be disposed of by giving direction to the court below to expedite the trial of the case and that will meet the ends of justice. So the petitioner is not entitled to get bail, and this petition is liable to be dismissed.
In the result the petition is dismissed, but the Judicial First Class Magistrate, Thiruvalla is directed to expedite the trail of the case as early as possible at any rate within three months from the date of receipt of the Order.
With the above direction this petition is disposed of.
Sd/-
K. RAMAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj