ALIAR AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is an application for bail in regard to Accused 1-9-11 and 12 who have been committed along with others to take their trial before the learned Sessions Judge of Chingleput in S.C. No. of 1957.

(2.) The case against all these persons is that they formed themselves into a gang for the purpose of and have been committing thefts of low tension copper wires strung on electricity and telephone posts in the District of Chingleput and certain portions of the Madras City. This gang is stated to have been carrying on these thefts during nights between 12 and 3 a.m. In all between Nov. 1955 and July, 1956, copper wires worth Rs. 7,000 have been missing. The C.I.D. police were entrusted with the investigation of this case, and, as a result of their elaborate and strenuous investigation to which the committing Magistrate paid a compliment in his judgment, they put up these accused along with ten others. The first accused is said to be the leader of the gang under whose instructions Accused 2 to 6, 7 and 14 are said to have been operating. Accused 7, is said to have joined the gang somewhere in the middle and took the assistance of Accused 2 to 6, 8 and 14 for his operations. Accused 1, 9 and 10 are stated to have been comrades of the approver, P.W. 31. The lieutenant of this Accused 1 and his gang is stated to be Accused 9, Accused 12, is Accused 11's son-in-law. Accused 13 is Accused 11's son and Accused 11 is the chief financier of the scheme, Accused 2 to 6, 7 and 14, are stated to be intimate associates and members of the gang whose means of livelihood are nominal or doubtful. It is in these circumstances that these accused members have been put up for the offence under s. 401, I.P.C. And Accused 1 to 8 and 10 are further charged under s. 75, I.P.C. One Kullan alias Chinnamoonji has been absconding for a long time and therefore the case against him has been split up and numbered as P.R.C. No. 4 of 1957. His whereabouts are reported to be not known.

(3.) The modus operandi of this gang is described by the lower court as follows : Accused 2 to 6 and Accused 14 used to meet in the fire wood depot of the approver at No. 2-A Chinnakulandai Street, Madras and again in a park opposite the Chitra Talkies, Mount Road, Madras and chalk out their programme and course of action. Accused 2 who is an expert in cutting copper wires will climb up the posts, cut the wires with an insulated cutting-plier and hand them to Accused 3 to Accused 6 and Accused 14 standing below. The latter will pack them in grannies and hand it to Accused 1 and P.W. 31 and Accused 9 who will call on them either with an auto-rickshaw or a taxi. Thereupon the wires will be carried to P.W. 31's shop wherefrom it will be taken to Accused 11's shop and the shop of one or two others and sold. The sale proceeds will be shared among all the accused, the major portion going to Accused 1, 9, 11 and P.W. 31. Accused 2 to Accused 5 and Accused 14 will be paid on wage basis. These facts are spoken to by the approver P.W. 31 and by Madar Sahib, P.W. 28.