ABDUL ASEES Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 of Cr.P.C.

(2.) The prosecution case, in brief, is that on 10.12.2020 at about 5.30 a.m. the 1st accused and the 10th accused entered into a conspiracy to rob the de facto complainant who was moving out after purchase of used gold ornaments carrying a sum of Rs. 14.5 lakhs with him in his Maruti Swift car bearing registration No. KA 21A N 4199 along the National Highway from Mangalore to Kannur. On reaching near toll gate at Thalappady, accused Nos.1 and 10 who had hired the rest of the accused including the applicant, they robbed the de facto complainant of the money. Thereafter, they took him in another car in which the accused persons had come and robbed him of his entire money with him in his possession and thus committed the offence.

(3.) The de facto complainant had consultation with his brother who was at Mangalore and thereafter with others who are concerned about the Act and lodged a complaint before the police only by 6.30 p.m.