Bail application dismissed. Petitioner, accused under IPC 364A, 365, faced charges of kidnapping a victim who later died. Court held offence grave and bail denied.
Applicating bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 1ST DAY OF JUNE 2012/11TH JYAISHTA 1934
Bail Appl..No. 2629 of 2012 ()
CRIME NO. 114/2006 OF PANNIYANGARA POLICE STATION, KOZHIKODE DISTRICT
PETITIONER/ACCUSED :
SADIQ MOHAMMED AMEER, S/O. LATE MOHAMMED AMEER, AGED 47 YEARS 'ABID MANSION', SOUTH KODAGU, KARNATAKA-571213.
BY ADVS.SRI.A.K.ABDUL AZEEZ
SRI.T.K.SASINDRAN SRI.RENJIT GEORGE
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE S.H.O. PANNIYANGARA POLICE STATION KOZHIKODE DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682030.
BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
N.K.BALAKRISHNAN, J.
B.A. No.2629 of 2012
Dated this the 1st day of June 2012
O R D E R
Petitioner is the first accused in Crime No.114/2006 of Panniyangara Police Station, Kozhikode District. The offences alleged against him and other accused are under Secs.364A and 365 r/w 34 IPC. It is alleged that on 2.8.2006 at 10.15 PM, One Rajamani was proceeding in his jeep bearing No.KL-11/C 488. When he was at Kuttiyilpadi Junction, a few persons reached there in a Qualis car bearing No.KL-14/1527. Rajamani was forcibly pulled down from the jeep in which he was travelling and took him in the Qualis car mentioned above. It was revealed that the number shown in the number plate of the Qualis car was forged/fake one. Rajamani was abducted to Karnataka, where he was confined in a room and demanded Rs.45 lakhs as ransom for his release. It is stated that an
B.A. No.2629 of 2012
-: 2 :-
agreement was also got forcibly executed. According to the prosecution, a cheque for Rs.35 lakhs was caused to be issued by one Sethu of Dubai and it was transmitted to the office of the petitioner situated in Dubai to satisfy the demand made by the accused. It was also revealed that a sum of Rs.50,000/- was forcibly obtained from the shop of Rajamani situated in Kozhikode.
B.A. No.2629 of 2012
address shown in the petition itself. The fact that he could avoid being arrested by the police for 6 years would only show that he is a powerful and influential person, the prosecution contends.
Considering the gravity of the offence, the petitioner is not entitled to get anticipatory bail. It is hence dismissed.
N.K.BALAKRISHNAN, JUDGE.
Jvt
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of kidnapping and extortion.
Whether the petitioner is entitled to bail considering the gravity of the offence and his ability to evade arrest.
Whether the petitioner can claim lack of questioning for 6 years as ground for bail.
1 provisions across 1 enactments
Sadiq Mohammed Ameer
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
