HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.125 of 2016 of the Pattambi Police Station registered under Sections 457, 461 and 380 of the Indian Penal Code He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Sessions Judge -in charge, Palakkad on 24.05.2016. The petitioner has been in judicial custody since 03.05.2016.

(2.) The prosecution case is that, between 5 p.m and 7 p.m on 12.02.2016, the petitioner herein committed house trespass into the house of the de facto complaint and committed theft of so many articles including gold ornaments. Initially, the police could not get any clue as regards the theft. But subsequently during investigation, the police found some hand prints taken from the scene of offence perfectly matching with the prints of this petitioner. In such a situation, he was arraigned as accused and he B.A No.4131 of 2016 was arrested by the police on 3.5.2016, since then he has been in judicial custody.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.