(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.612/2023 registered by the Aluva West Police Station (Alangad), Ernakulam, registered against the accused (2 in number) for allegedly committing the offences punishable under Ss. 457, 380, 361 r/w. 34 of the Indian Penal Code. The petitioner was arrested on 1/12/2023 and was remanded to judicial custody on 2/12/2023.
(2.) The essence of the prosecution case is that: around 3.30 a.m on 1/12/2023, the accused had trespassed into the house of a lady named Menachery Mary Varghese, where the defacto-complainant was working as a caretaker, and robbed Rs.1,000.00 from the drawer. Thus, the accused have committed the above offences.
(3.) Heard Sri.Aneesh K.R., the learned counsel appearing for the petitioner and Smt.Seetha S, the learned Public Prosecutor appearing for the respondents.