Allowed regular bail to the first accused facing kidnapping and armed offences charges, rejecting prosecution's objections based on criminal record and pending investigation, subject to stringent conditions.
Release on bail on execution of bond for Rs.1,00,000/- with two sureties, each for the like amount, subject to specific conditions.
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 ASHOK MENON
MONDAY, THE 17TH DAY OF AUGUST 2020 / 26TH SRAVANA, 1942
Bail Appl..No.4641 OF 2020
CRIME NO.1121/2020 OF Kayamkulam Police Station, Alappuzha
PETITIONER/ACCUSED:
ANSAB, S/O.ASHARAF AGED 25 YEARS KUTTIYIL KIZHAKKATHI VEEDU, DESHATHINAKAM MURI, KRISHNAPURAM,KAYAMKULAM, ALAPPUZHA - 690533.
BY ADV. SRI.SERGI JOSEPH THOMAS
RESPONDENT/S:
1 STATE OF KEARLA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
2 STATION HOUSE OFFICER KAYAMKULAM POLICE STATION, ALAPPUZHA. 690502
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.AMJAD ALI SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 17th day of August 2020
This is an application for regular bail under Section 439 Cr.PC.
On 29.5.2020, because of previous enmity towards the defacto complainant for informing the Police about the applicant and others committing mischief with regard to the car owned by one Binu, the accused kidnapped the defacto complainant on a motorcycle, took him to the rented house of the applicant, wrongfully confined him there, assaulted him with a dangerous weapon like sword, intimidated him
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and thus committed the offence. The applicant states that the allegations are false and he has been in custody since 18.7.2020 and recovery has also been completed and therefore, he may be released on bail.
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for kidnapping and also under Section 27 of the Arms Act. Even the offence under Section 365 IPC is one punishable only up to seven years of imprisonment. Under the circumstances, I find no reason to incarcerate the applicant any longer, merely for the reason that he has criminal antecedents and that the co-accused have not yet been apprehended. Bail can be granted to the applicant on stringent conditions.
(i) He shall appear before the investigating officer on all Mondays between 9 a.m. and 12 noon for a period of three months or till filing of the final report, whichever is earlier.
(ii) He shall not attempt to influence or intimidate the
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witnesses or tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of
the bail before the jurisdictional court.
Sd/- ASHOK MENON JUDGE
jg
1 issue framed by the court
Whether regular bail should be granted to an accused with criminal antecedents facing charges of kidnapping and offences under the Arms Act.
3 provisions across 3 enactments
Ansab
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ashok Menon
