SREENISH Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole applicant (Sreenish) in B.A.No.4278/2019 and the sole applicant (Ajmal) in B.A.No.4375/2019 are now re-arrayed as accused No.1 and accused No.3 respectively in the subject Crime No.843/2019 of Thripunithura Hill Palace Police Station. The said crime has been registered on the basis of the First Information Statement of the defacto complainant given on 27.4.2019 at about 11.43 p.m., in respect of the alleged incident, which has happened on 27.4.2019 at about 3.30 p.m and originally, the offences included in the said crime are those under Sections 392 and 34 of the IPC and originally a person shown in the name as "Tony" was arrayed as accused No.1 and two other identifiable persons whose names were not known to the defacto complainant have been arrayed as accused Nos. 2 and 3. The Police, after investigation, has now altered the offences in the said crime and now the offences alleged therein are those under Sections 394, 395, 120B of the IPC and there are six accused persons in the array of the accused in the said crime in which the re-arrayed accused status of the above said applicants are A1 and A3 respectively as stated hereinabove.

(2.) The brief of the case as per the First Information Statement (FIS) given by the defacto complainant, Sri. P.P. Aravindakshan, aged 67 years, is that he is engaged in the business of collection of antique currency notes, coins, philately and selling of those items. That on 27.4.2019, the defacto complainant came to Room No.27 of Arakkal Lodge, near to the Thripunithura Market junction to meet one of his friends Prabhakaran to give him cash for his daily needs, who is also doing the selling of antique coins and with whom the defacto complainant is associated in the sale of antique coins. Prior there to, one Sri. Jobi from Chambakkara had informed the defacto complainant that two or three persons have approached him, who have great interest in purchase of the above said antique items of the defacto complainant and it was told that the said Jobi could meet the defacto complainant in Arakkal Lodge, when the defacto complainant wants to meet his friend and accordingly, the defacto complainant was waiting the said Lodge to meet the said Jobi from Chambakkara to know the details of the two or three persons, who are said to have interest in purchase of these items as informed by the said Jobi. That around 3 p.m., three persons had come to that room and after some discussions they went out and come back after two minutes and one tall man out of three persons whose name was identified as "Tony" told the defacto complainant that the video earlier taken by him was not clear and requested the defacto complainant to show the bag containing the said articles once again and he did so. That, while the defacto complainant tried to show the antique items contained in the said bag, all of a sudden the said tall man snatched away the bag and ran away outside and when he tried to obstruct it, two others pushed him back and he fell down there. The defacto complainant and his friend Prabhakaran followed them to get back the bag, but in vain. Further that the investigation has now revealed that the said Jobi, (who brought the said three persons to the defacto complainant) along with the above said Sreenish were waiting on the ground floor and another person was waiting in an autorickshaw parked in the nearby pathway.

(3.) Sri. Varghese. C. Kuriakose, learned counsel appearing for the accused Sreenish would urge that the above said allegations have been falsely foisted on his party and that in the F.I.S. given by the defacto complainant, there is no whisper of allegations about the involvement of the accused Sreenish and that he has been involved as accused in that crime presumably because of wrong identification or to deliberately foist a false case against him. Further that the custodial interrogation of the petitioner is not necessary and that his party will fully co-operate with the investigation in the present crime and that this Court may grant him relief of anticipatory bail.