VINU Vs. STATE OF KERALA

JUDGEMENT

(1.) The question involved in these Bail Applications is whether the period of 90 days or 60 days will apply for default bail under the proviso (a) to sub-s.(2) of Section 167 of the Code of Criminal Procedure in respect of an offence under Section 457 of the Indian Penal Code.

(2.) The Bail Applications are filed by accused Nos. 1, 2 and 5 in Crime No. 638 of 2011 of Panthalam Police Station. The offences alleged against the accused are under Sections 457, 461, 380, 201 and 465 read with Section 34 of the Indian Penal Code.

(3.) The prosecution case is the following : The accused, after making all preparations for breaking open Mazhuveli Service Co-operative Bank Ltd. for the purpose of committing theft, broke open the bank at about 11 p.m. on 20.8.2011. They broke open the strong room of the bank and committed theft of Rs. 3,79,204/-. They could not break open during that night the chest drawer where gold was kept, since time ran out. They left the place at about 5 A.M. At about 11 p.m.. on 21.8.2011, which was a Sunday, the accused again stealthily entered into the bank through the way which they had cut open and committed theft of 4223.7 grams. (527.96 sovereigns) of gold kept in the chest drawer. For committing the offence, the accused used gas cylinder, gas cutter and other equipments and implements. They had also arranged a van with a fake registration number for the purpose of committing the offence.