ISMAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the 2nd accused in Crime No.72/CR/SII/04 of CBCID OCW-II, Ernakulam. The offences alleged against him and other accused are under Secs.120(b), 395, 397, 398 and 399 IPC and Sec.54 of Arms Act, 1959 and Secs.3 to 5 of Explosive Substances Act, 1908. Petitioner has been in custody from 28.5.2012 onwards.

(2.) IT is alleged that this petitioner along with other accused persons in furtherance of their common intention to commit dacoity carrying deadly weapons wrongfully restrained the de facto complainant, his father and brother at 7.25 PM on 20.6.2002 and they were inflicted cut injuries in order to commit robbery and they conjointly committed robbery of 2 kgms of gold ornaments and Rs.4,000/-. It is stated that they also used explosive substances in the course of commission of the aforesaid offence.

(3.) HENCE, the petitioner is granted bail subject to the following conditions :-