AMEER SHEIKH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the 2nd accused in S.C.No.414 of 2018 on the file of the Additional Assistant Sessions Court, Irinjalakkuda. In the aforesaid case, he faces indictment for having committed offences punishable under Sections 457, 461, 380, 436, 120B, 201, 411 read with Section 34 of the IPC and Section 7(2) read with Section 3(c) of the Essential Commodities Act, 1955 read with Order 3(c) of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.

(2.) The petitioner filed an application seeking discharge before the Court below. By the impugned order, the learned Sessions Judge had dismissed the application holding that there were sufficient materials for proceeding against the petitioner. The said order is under challenge.

(3.) The accused in the case are persons hailing from the northern parts of India. The prosecution allegation is that accused Nos.1 to 5 hatched a criminal conspiracy, in the month of November, 2017, in the State of Jharkhand, and decided to commit theft in a major jewellery shop in the State of Kerala. In pursuance of the same, the accused Nos.1 and 4 came down to Kerala and took rooms in various lodges in and around Chalakkudy using the Aadhar card of the 1st accused. They zeroed in on a jewellery shop at Chalakkudy to carry out the heist. They procured a room in the Santhi Tourist Home at Chalakkudy. They purchased various implements such as pick axes, crow bars etc., and a gas cutter set 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 and the 3 rd 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 then managed to escape to Jharkhand with the proceeds. Based on the information furnished by the de facto complainant, the aforesaid Crime was registered initially under -Ss. 454, 380 and 461 of the IPC.