M D ELASH SIKARI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 439 of Criminal Procedure Code (Cr.P.C) was heard through Video Conference.

(2.) The petitioner is the accused in C.P.No.8 of 2020 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam. The above case is registered alleging offences punishable under Section458, 459, 460, 326, 395 of the Indian Penal Code ( IPC ). Section 14 of the Foreigners Act is also alleged against the petitioner.

(3.) The arrest of the petitioner in this case is recorded on 27.2.2019. The prosecution case is that, the 1st accused, who is a citizen of Bangladesh came to India without any travel documents and associated with the other accused for commission of house breaking and dacoity. It is alleged that on 15.12.2017 at about 3.30 a.m., the petitioner along with four others broke opened the front grill of the house of charge witness No.1 situated by the side of Kottekanal road in Kaloor kara in Ernakulam Village by using a sharp edged iron rod, screw driver and a log. Thereafter, the accused trespassed into the house and CW2 was caught hold of by the 1st accused and other accused who was pulled down and his legs were tied together by using clothes. Thereafter, CW2 was kicked on his chest and his head was covered with a dothi and was strangulated and intimidated. It is alleged that, CW3 was subjected to grievous hurt as her right index finger was twisted and broken. CW3 was also covered with a cloth which was put over her head and she was pressed on her neck with an iron rod. It is alleged that a gold chain weighing 2 sovereigns and 2 gold bangles weighing 1 1/2 sovereigns each were subjected to dacoity which were wore by CW3 having a total value of Rs.1 lakh. It is alleged that, 8th accused intimidated CW1 by showing an object like a gun.