IKRAMUL SHEIK Vs. STATE OF KERALA

JUDGEMENT

(1.) 5th accused in SC No. 845/2016 of Addl.Asst.Sessions Court, Iringalakkuda for offences punishable under sections 457,461,380,436,120(b) read with section 34 IPC seeks bail.

(2.) The crux of the prosecution allegation is that, some time in between the nights of 27/1/2018 and 28/1/2018 and 28/1/2018 and 29/1/2018, accused, totaling to 9 in numbers, committed theft of 15 kgs of gold ornaments worth Rs.4 Crores and, Rs. 6 Lakhs in cash from the locker of a jewellery owned by the defacto complainant. It was alleged that, the accused had broken open the exhaust fan of the bath room wall of the jewellery building and had access to the jewellery. It was alleged that they had used iron crow bar, gas cutter and pick axe to gain entry. Complaint was laid. Crime was registered and a special investigating team conducted investigation. In the course of investigation, it was found that few persons from outside the State had reached the locality and had committed theft. Accused 1 to 3 who belong to Bihar, Jarkhand and West Bengal were arrested from their state in February 2018. Petitioner, who belongs to State of Jarkhand was arrested on 8/4/2018. Accused Nos. 4 and 6 to 9 are absconding. Substantial quantity of gold ornaments were recovered from the accused who were arrested.

(3.) After completion of the investigation against accused 1 to 3, a split final report was laid. against them. After the arrest of accused No.5, investigation continued and final report was laid. Crime was registered and the matter is now pending as SC No. 848/2018 before the Addl. Asst. Sessions Court, Iringalakkuda.