RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) In these petitions for bail filed under sec.439 Cr.P.C. the petitioners who are accused No.5 and accused Nos.2 to 4 respectively in Crime No.575/2006 of Chengamanad Police Station, seek their enlargement on bail.

(2.) Adv.Sri P.G.Thampy, the learned Director General of Prosecutions, opposed these applications and made available to me the case diary files relating the matter.

(3.) The case of the prosecution is that on 9.10.2006 at 3 p.m. the Sales Executive of P.R.Jewellery and his associates were proceeding to Nedumbassery Airport in a car with 14.484 Kgs. of gold ornaments intended for export. When the car reached a place called Athani and was proceeding along the airport road, a group of people came in a Qualis car and overtook the car in which the de facto complainant was carrying the gold ornaments. Another group of people came in a Wagon R car and joined the Qualis car. They broke the windscreen of the car in which the de facto complainant and others were travelling and dragged the occupants of the car and robbed them of the gold ornaments. It was a pre-planned "operation dacoit". The assailants had also taken the Palio car in which the gold ornaments were being transported. Investigation of the case is still at the preliminary stage. Merely because the Sessions Court had granted the bail to accused Nos.7, 8, 17 and 18, that is no reason why the petitioners who had active role in the operation should be enlarged on bail. I am not inclined to grant bail to the petitioners. These petitions are accordingly dismissed.