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2019 Supreme(Online)(KER) 22053

LIJU C.MATHEW – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
['MANU RAMACHANDRAN', '', 'SRI M KIRANLAL', 'SRI T S SARATH', 'SRI R RAJESH VARKALA']

These are applications for bail filed under Section 439 Cr.P.C.

2.

The petitioners are accused 1 & 2 in Crime No. 252 of

2019 of Chengannur Police Station registered for the offence under

Section 394 r/w Section 34 of the Indian Penal Code. The

prosecution case is that on 05.02.2019 at 9.45 pm, while the

defacto complainant was proceeding to his house in a motor cycle,

the accused persons intercepted the defacto complainant and

thereafter, the first accused sprinkled chilly powder on the face of

the defacto complainant and pushed him down and thereafter, they

snatched away the gold chain of the defacto complainant having a

weight of 8.5 sovereign worth Rs.1,80,000/-.

3.

Heard both sides.

4.

The petitioners were arrested on 07.02.2019 and since

then, they have been in judicial custody. The petitioner in BA No.

2850/2019 filed CMP No.765/2019 before the Judicial First Class

Magistrate Court-I, Chengannur. The above application was

..4..

dismissed on 01.03.2019. Subsequently, he approached this Court

as per BA No.2335/2019 and the same was dismissed as withdrawn.

The learned counsel for the petitioner in BA No. 2850/2019 submits

that initially the investigation proceeded und

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