SHAHINA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein who are spouses have been arrayed as accused Nos.1 & 2 among the two accused in the instant Crime No.426/2019 of Pantheerankavu Police Station, Kozhikode, registered for offences punishable under Sec.392 of the IPC , in respect of the First Information Statement given by the de facto complainant on 15.09.2019 at about 9.40 p.m., in respect of the alleged incidents which happened on 15.09.2019 at about 1 p.m. in the afternoon.

(2.) The prosecution case in short is that on 15.09.2019 at about 1p.m., when the de facto complainant and his family members were praying at a prayer hall in a mall in Kozhikode, the petitioners had snatched a gold chain weighing 1 sovereign owned by the child of the de facto complainant and thereby, they have committed the abovesaid offences. The petitioners have been arrested and remanded in relation to this case on 03.10.2019 and thereafter, they have been under detention since then.

(3.) According to the prosecution, the investigation has revealed that the accused persons are spouses and that they are frequently in the activity of committing theft at prayer hall of malls and that on their questioning the gold chain of more than 1 sovereign and scooter used by the accused for escaping the scene and Rs.5,000/- and the mobile phone have been recovered and the investigation is pending. Further that, there is every possibility of the petitioners repeating the abovesaid offences, if they are let out on bail, etc.