The High Court of Kerala allowed an application for anticipatory bail filed by two accused persons alleged to have abducted another person and caused simple hurt. The court held that there were no grounds for custodial interrogation.
The bail application is allowed; applicants directed to surrender within two weeks.
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 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
Bail Appl.No.1946 OF 2021
CRIME NO.20/2021 OF Vadakkekad Police Station , Thrissur
PETITIONER/S:
1 ANAS T, SON OF ABDULLA T, AGED 24 YEARS, THEKKELAKAYIL HOUSE, VELIANCODE P O, MALAPPURAM DISTRICT – 679579.
2 MUHAMMED MUSTHAFA T V, SON OF BASHEER P, AGED 27 YEARS, THERUVATH VEETTIL HOUSE, VELIANCODE P O, MALAPPURAM DISTRICT – 679579.
BY ADV. SHRI.PRAKASH.P.GEORGE
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT P O, ERNAKULAM 682 031.
R1 BY PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Bail Appl.No.1946 OF 2021
O R D E R
Dated this the 22nd day of March 2021
This is an application for anticipatory bail under Section 438 of the Cr.P.C.
No.20/2021 of Vadakkekad Police Station for having
allegedly committed the offences punishable under Sections 323 and 365 read with Section 34 of the I.P.C.
10.01.2021 at about 3.30 PM, the de facto complainant’s
friend was allegedly abducted by the applicants and
other co-accused in a Bolero pickup van bearing Reg.No.KL-03-AC-6668 and the applicants were travelling
on a scooter and thereafter the abducted person was
manhandled and taken somewhere and later released.
all untrue and that they do not have anything to do
with the alleged abduction.
3
Bail Appl.No.1946 OF 2021
I.P.C., which is the only non-bailable offence alleged against the applicants, the abduction must be with the
intention to confine the person abducted; but in the instance case, there is no such allegation of the abducted person being confined in anywhere and
moreover, the only a simple hurt was caused to the abducted person. There was no secret or wrongful confinement of the person also. Moreover, the applicants do not have any criminal antecedents, they are willing to cooperate with the investigation. Hence, I find no reason for the custodial interrogation of the applicants. But the learned Public Prosecutor submits that the scooter in which the applicants were travelling will have to be recovered for which the applicants are willing to cooperate.
In the result, the bail application is allowed and
the applicants are directed to surrender before the investigating officer within two weeks. In the event of
4
Bail Appl.No.1946 OF 2021
arrest, after interrogation and recovery, 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 or tamper with evidence;
(ii) They shall appear before the investigating officer
as and when called and shall cooperate with the investigation; and
involved in any similar offences.
In case of breach 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
dkr
2 issues framed by the court
Whether anticipatory bail is accorded to the petitioners accused of abducting a person causing simple hurt.
Whether the lack of allegation regarding confinement bars the offence of wrongful confinement under Section 365 IPC.
2 provisions across 2 enactments
Anas T
Muhammed Musthafa T V
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
