INJAMUH HAQUE Vs. STATE OF KERALA AND OTHER

JUDGEMENT

(1.) These applications are filed under S. 439 of the Cr.P.C.

(2.) The applicants herein are accused Nos.1 to 3 in S.C. No. 414 of 2018 now pending on the files of the Principal Assistant Sessions Court, Irinjalakkuda. They have been charged for having committed offence punishable under Ss. 457, 471, 380, 436 and 120(b) r/w. S. 34 of the IPC.

(3.) The 1st accused is a resident of Bihar, the 2nd accused is from Jharkkand and the 3rd accused is a person of West Bengal origin. The prosecution allegation is that accused Nos.1 to 5 hatched a conspiracy in the month of November, 2017 at Jharkkand and decided to commit theft in a major jewellery shop in the State of Kerala. In pursuance of the said conspiracy, the accused Nos.1 and 4 came down to Kerala and took rooms in various lodges using the Aadhar card of the 1st accused. They zeroed in on a jewellery shop at Chalakkudy to carry out the heist. They invited accused Nos.2, 3 and 5 to the State and they stayed together at Santhi Tourist Home. They purchased pick axes, crow bars etc. They also purchased gas cutter set and other equipments from a shop at Thrissur and an LPG Cylinder and related equipments from Chennai. During the intervening hours of 27.1.2018 and 29.1.2018, they are alleged to have drilled a hole on the rear side of the Edassery Jewellery shop at Chalakkudy. Thereafter, they disconnected the electricity supply and also the functioning of the inverter. The 3rd accused, who is an expert welder is alleged to have used the oxygen cylinder and gas cutter for breaking open the safe locker. They are then alleged to have committed theft of about 15 kgs. of gold worth Rs. 4 Crores, a sum of Rs. 6,06,787/- and managed to escape to Jharkhand with the proceeds. Based on the information furnished by the de facto complainant, the aforesaid Crime was initially registered under Ss. 454, 380 and 461 of the IPC. A very detailed scientific investigation was conducted and the services of the fingerprint experts, dog squad etc., were availed. Having regard to the serious nature of the Crime, a special investigation team was also constituted on 29.1.2018.