SHABEER Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C, by the petitioners who are accused Nos. 2 and 3 in crime No.542 of 2018 registered by the Mannarkkad Police Station, Palakkad District. The commission of offences alleged against the petitioners are those punishable under Sections 395 and 506(ii) r/w Section 34 IPC.

(2.) The allegation of the prosecution was that on 09.07.2018, the defacto complainant went to Mannarkkad for parting with some cash entrusted with him by a friend of one Subair and while waiting to meet him, 5 persons came in a car and introducing themselves as policemen, they took away the defacto complainant in the car to an isolated place and took Rs.38,000/- the money belonging to him and Rs.25,000/- available with him as entrusted by a friend of Mr. Subair to hand it over to him and thereby committed the offences. The crime in question was registered based on the allegations. The petitioners were arrested on 30.07.2018 and are now in judicial custody. In the aforesaid circumstances, they have approached this court with this application seeking regular bail.

(3.) According to Sri.Babu S. Nair, the learned counsel appearing for the petitioners, the allegation against the petitioner's are totally false ones. According to him even if the allegations are taken as true, the accused being in custody from 30.07.2018, further custody is totally unwarranted for investigation purpose. Raising the contentions as above, the learned counsel pleaded for enlarging the petitioners on bail.