IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.MC.No. 3483 of 2011() ----------------------------------- CMP.1769/2011 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR CRIME NO.504/2006 OF THE CHENGANNUR POLICE STATION, ALAPPUZHA .................... PETITIONER(S): 2ND ACCUSED --------------------------------------------- DADA SAHIB @ APPA DAGADU KAMBLE, S/O.DAGADU KAMBLE,NEVY GHADEGAVE TALUK, SANGLI DISTRICT, MAHARASHTRA. BY ADV. SRI.T.R.HARIKUMAR SRI.JAYAN V.EAPEN RESPONDENT(S): COMPLAINANT ----------------------------------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682 031. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3483/2011 APPENDIX PETITIONER(S) ANNEXURE AI:-A TRUE COPY OF THE CASE DAIRY IN CRIME NO.504 OF 2006 OF THE CHENGANNUR POLICE STATION, ALAPPUZHA. AII:-CERTIFIED COPY OF THE ORDER DATED 14-3-2011 IN CMP.NO.1769 OF 2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE-I, CHENGANNUR. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3483 of 2011 ----------------------------------- Dated this the 18th day of October 2011 O R D E R Petitioner is the 2nd accused in Crime No.504/2006 of Chenganoor Police Station. The crime was registered for the offences punishable under Secs.452, 396 and 411 of IPC. The learned Public Prosecutor submits that there are altogether 9 accused persons. They trespassed into the jewellery after having made preparations to rob the gold ornaments from that shop. 3.284 Kgs. of gold ornaments were robbed at the knife point. There is specific allegation that the accused kept the knife/dagger at the neck of the complainant and others. It is also alleged that plasters were put on the mouth of the complainant and other persons not to make noise. An employee of that jewellery had sustained injury also. 2. The accused was granted bail in view of the fact that the charge sheet was not filed within the time prescribed under Sec.167(2) of Cr.P.C. The learned Crl.M.C. No.3483 of 2011 -: 2 :- Magistrate has observed that this petitioner was accused in another case filed under Sec.302 IPC in Maharashtra and was absconding for several years. The learned Public Prosecutor as per instructions submits that this petitioner is involved in series of similar cases and is actually a member of the “under world”. The learned counsel for the petitioner submits that the condition imposed by the learned Magistrate that the sureties shall be from Kerala is to be deleted or modified. The learned counsel submits that the accused is ready to make cash security also. The learned Public Prosecutor submits that since the gold ornaments robbed are worth nearly Rs.30 lakhs, it is easy for such accused persons to make cash deposit. Considering the gravity of the crime, I am not inclined to modify any of the conditions imposed by the learned Magistrate. Hence, this Crl.M.C. is dismissed. N.K.BALAKRISHNAN, JUDGE. Jvt