A five-member group applied for anticipatory bail under Section 438 Cr.P.C. alleging they were falsely accused of kidnapping and dacoity arising from a financial dispute over a trust. The court granted bail with conditions.
Anticipatory bail allowed; applicants directed to surrender within two weeks and execute bond with sureties on arrest.
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
WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942
Bail Appl.No.1405 OF 2021
CRIME NO.27/2021 OF Pattambi Police Station , Palakkad
PETITIONER/S:
1 SUHAD @ SWAHAD, AGED 29 YEARS, SON OF ABOOBACKER, CHAKKUNNAN HOUSE, VAZHAKKADAVU POST, MALAPPURAM DISTRICT – 679333.
2 HAMZA.K.P, AGED 36 YEARS, SON OF YOUSAF, KURUPPAM PALLIYALIL HOUSE, THIRUVEGAPPURA POST, PATTAMBI TALUK, PALAKKAD DISTRICT – 679304.
3 ALI K.P AGED 31 YEARS, SON OF YOUSAF, KURUPPAM PALLIYALUIL HOUSE, THIRUVEGAPPURA POST, PATTAMBI TALUK, PALAKKAD DISTRICT – 679304.
BY ADV. SRI.R.SREEHARI
Bail Appl.No.1405 OF 2021
2
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.
R1 BY SRI.SANTHOSH PETER SR PP
OTHER PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.1405 OF 2021
3
O R D E R
Dated this the 10th day of March 2021
This is an application for anticipatory bail under Section 438 of the Cr.P.C.
No.27/2021 of Pattambi Police Station for having allegedly committed the offences punishable under Sections 341, 342, 323, 363, and 395 of the I.P.C.
furtherance of common intention with accused 1 and 2, intercepted a car bearing Reg.No.KL-52-J-4203 in which
the de facto complainant was travelling at a place called Sankaramangalam and thereafter forcefully took him to the quarters of the 3rd accused at Chemmalassery
and detained him wrongfully there, and thereafter, he was assaulted with hands and robbed of Rs.25,000/- in
cash and thus committed the offences.
Bail Appl.No.1405 OF 2021
4
applicants have no criminal antecedents. The main dispute is regarding the functioning of the Trust in
5
Bail Appl.No.1405 OF 2021
which the de facto complainant was the President and there are serious allegations of his misappropriating the amount from the Trust and the applicants were against him in that regard, and therefore, certain amounts were forcibly asked to be deposited by him and he has foisted a false case, and that no kidnapping or dacoity had actually taken place. The applicants further state that they are willing to cooperate with the investigation. Hence, I find no reason to see that they will flee from justice.
As a result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. In the event of arrest, after interrogation, the applicants shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:
(i) They shall not influence or intimidate witnesses
Bail Appl.No.1405 OF 2021
6
or tamper with evidence;
as and when called for and shall cooperate with the investigation; and
involved in any similar offences.
prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional
court.
ASHOK MENON
JUDGE
dkr
2 issues framed by the court
Whether to grant anticipatory bail to the applicants accused in a case of kidnapping and dacoity.
Whether the dispute over trust funds justifies the allegations and requires bail safeguards.
2 provisions across 2 enactments
SUHAD @ SWAHAD
HAMZA.K.P
ALI K.P
ABDUL SALAM P.V @ SALAM
MUHAMMED ACHARATH @ NOUSHAD
STATE OF KERALA
ASHOK MENON
JUSTICE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
