RAMSHAD T.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The applications are filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 4, 5, 6, 7 and 9 in Crime No.13/2024 of the Kuthuparamba Police Station, Kannur, registered against the accused (nine in number), for allegedly committing the offences punishable under Secs. 365, 506 and 395 of the Indian Penal Code.

(2.) The essence of the prosecution case is that: on 1/1/2024 at around 22.01 hours, the accused in furtherance of their common intention committed robbery of gold ornaments that were brought by the mother of the de facto complainant. In fact, the accused had abducted the de facto complainant in a car bearing registration No.KL-58/AG 5547 and took him to Cochin International Airport. When the mother of the de facto complainant arrived at the airport from abroad, the accused abducted her also and took both of them to a lodge in Koothuparamba and then committed the robbery. Thus, the accused have committed the above offences.

(3.) Heard; Smt. Nikita J.Mendez, learned counsel appearing for the petitioners, Sri.C.S Hrithwik and Smt. Neema T.V., the learned Public Prosecutors and Sri.Jerry Mathew, the learned counsel appearing for the additional respondents 2 and 3/de facto complainants.