IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4251 of 2009 CRIME NO.320 OF 2009 OF THAMARASSERY POLICE STATION PETITIONER/ACCUSED A-2 ------------------------------------------ MANU @ HISHAM,AGED 23/09,S/O.KAMAL MUHAMMED, ELATTUPARAMBIL HOUSE,VANDOOR.P.O, NILAMBUR,MALAPPURAM DISTRICT. BY ADV. SRI.K.ANAND RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR, THAMARASSERY POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4251 OF 2009 ------------------------------------------------------ Dated this the 3rd August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.320 of 2009 of Thamarassery Police Station, which is now transferred to Cheranelloor Police Station, where it is registered as Crime No.677 of 2009. There are five accused in the case. 2. The offence alleged against the accused persons are under Section 364A read with Section 34 of the Indian Penal Code. 3. The case of Alex Sebastian, the de facto complainant, in the First Information Statement is as follows: On the date of incident, namely, on 14.7.2009, his father was admitted in Amrutha Hospital, Edappally. Binoy, the first accused, contacted Alex Sebastian and requested him to meet him near the gate of the hospital. The de facto complainant was taken in an Innova car. At that time, the second accused was also there in the car. Later, some B.A. NO. 4251 OF 2009 :: 2 :: other persons also joined the group. The de facto complainant alleges that Binoy has a case that money was due to Binoy from the de facto complainant and that was why he was forcibly taken. At Thamarassery, the vehicle met with break down and they could not proceed. The accused persons hired a taxi. There arose a dispute with the taxi driver as to the fare. The second accused tried to attack the taxi driver. People of the locality gathered. The other accused persons escaped in a KSRTC bus. People of the locality caught hold of the second accused and the de facto complainant and entrusted them to the police. 4. The case of the second accused (petitioner) is that he paid a sum of Rs.15 lakhs to Binoy for getting Visa to go to Australia for higher studies. The amount was not paid back. Visa was also not arranged. Binoy stated to the petitioner that the money was entrusted to the de facto complainant. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. NO. 4251 OF 2009 :: 3 :: 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Ernakulam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/