Furad Hussain @ Kamal Shake v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Bail Appl..No. 2310 of 2015 () ------------------------------- CRIME NO. 970/2014 OF KEEZHVAIPUR POLICE STATION,PATHANAMTHITTA -------------------- PETITIONER/ACCUSED NO.3:

--------------------------------------------- FURAD HUSSAIN @ KAMAL SHAKE, MUHAMMED FAROOK, S/O.AJIJUR REHMAN, AGED 34 YEARS, KABEER SAKTHOLA,RADHA NAGAR, BHEEGAM GUNCH.P.O., SAHEB GUNCH DISTRICT, JHARKAND.

BY ADVS.SRI.R.MURALEEKRISHNAN SMT.K.N.RAJANI RESPONDENT :

--------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2015,ALONG WITH BA.NO.2671 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.2310 & 2671 of 2015 -------------------------------------------- Dated this the 5th day of June 2015

O R D E R

Petition filed under Sec.439 Cr.P.C.

2. Petitioners are accused nos.1 and 3 in C.C. No.1892 of 2014 on the file of the Judicial First Class Magistrate Court, Thiruvalla. The prosecution case is that they along with the co-accused entered into criminal conspiracy to commit theft and pursuant to it they committed theft of huge quantity of gold ornaments and gold jewellery from jewellery shop. They are charged with having committed the offences under Secs.120B, 380, 441, 457 and 461 read with Sec.34 of Indian Penal Code.

3. Heard both sides.

4. Learned counsel for the petitioners submits that they have been in custody for more than 270 days and they may be granted bail.

5. The petitioners hail from West Bengal. Only a part of the stolen articles have been recovered which means that the remaining part of the articles are still

Bail Appl. No.2310 & 2671 of 2015 2 under concealment. Further investigation is going on. It is not at all safe to grant them bail in these circumstances.

In the result, the bail applications are dismissed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge