RASHIYA Vs. RASHEED

JUDGEMENT

(1.) This is an application seeking pre-arrest bail. The petitioners are the 1st and 2nd accused in Crime No.448 of 2018 of Sulthan Bathery Police Station, Wayanad District. The said crime was registered by the Police alleging commission of the offence punishable under Section 408 read with Section 34 IPC.

(2.) The allegation of the prosecution was that on 06.07.2017, the accused who was permitted to reside in the house of the de facto complainant, who was working abroad along with her husband had committed theft of 5 1/2 sovereigns of gold, sale deeds, aadhar card and cheque book from the almirah of the house of the de facto complainant. Based on the F.I.S lodged by the de facto complainant, the crime in question was registered. Investigation is going on in the matter. Apprehending arrest by the Investigating Agency, the petitioners have moved this application seeking pre-arrest bail.

(3.) Shri.John Varghese, the learned counsel submits that the petitioners were entrusted with the custody of the children of the de facto complainant and her husband, when they went abroad. The petitioners were also permitted to reside in the house belonging to the de facto complainant and her husband. Even though, the petitioners were promised that the amount would be sent for looking after the children, they failed to do so and accordingly that 5 1/2 sovereigns of gold ornaments kept in the almirah was taken out and mortgaged with the bank, to procure to meet the expenses of the children. According to him, there is no basis in the prosecution alleging the offence of criminal breach of trust against the petitioners. He pleaded for enlarging the petitioners on bail for the reason.