IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4426 of 2008() ----------------------------- CRIME NO. 249/2008 OF MANKARA POLICE STATION PETITIONERS/ACCUSED:- ------------------------------------ 1. HALID, AGED 32 YEARS, S/O ISMAYIL MOULAVI, POTTAMPULAKKAL HOUSE, KANNUR P.O., PALAKKAD. 2. SHAFEEQ AGED 24 YEARS, S/O ABDULLA, ATHIKKAL HOUSE, DO.....DO..... 3. SULFIKKER, AGED 26 YEARS, S/O IBRAHIM, CHERIYAMPURATHU HOUSE, PATHRIPALA, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: COMPLAINANT:- ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4426 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2008 O R D E R Application for anticipatory bail. 2. On the basis of a complaint lodged by the defacto-complainant , a crime is registered under sections 342, 365, 506(ii), 323, 120B read with section 34 IPC against the petitioners and few others. As per the allegation in the complaint, the defacto-complainant owed Rs.8 lakhs and to procure that money from the defacto-complainant, the defacto-complainant was abducted on 13-6-2008 and taken to various places, as stated in detail in the First Information Statement and thereafter, he was brought back and let off in front of A.S. Memorial Auditorium on 16-6-2008. He was also assaulted by various people during this period. He went to the hospital, from where, the First Information Statement was given. 3. According to the learned counsel for the petitioners, this is an absolutely false case foisted against the petitioners. The details shown in the First Information Statement themselves will prove the falsity, it is submitted. Learned counsel for the petitioners submitted that there was a lot of pressure on the defacto-complainant to return the money to various BA 4426/08 -2- people of the locality and hence he was fleeing from the locality and hiding himself for about three days to escape from debtors. Thereafter, he has lodged the complaint making absolutely false allegations that he was abducted and assaulted, etc. It is pointed out that the defacto-complainant is aged 29 years and as per the allegations in the complaint, he was abducted on 13-6-2008 at about 2.45 p.m. and he reached the forest only after 6.45 p.m. from where all of them had food and liquor. It was thereafter that he ascertained why he was brought there etc. All these are not natural human conduct, it is submitted. He was also asked to contact his relatives and friends to arrange money and when they knew that it cannot be arranged, they left him on 16-6-2008. These allegations are highly improbable and unacceptable, it is argued. It is also argued that the medical evidence will belie the allegations made by him, since he had no injuries. 5. The application is opposed. Learned Public Prosecutor submitted that in the nature of offence committed, anticipatory bail may not be granted to the petitioners. On hearing both sides and on going through the case diary and the allegations in the First Information Statement, it is clear that the defacto-complainant was assaulted by several persons on several occasions and he was hospitalized on 16-6-2008 at 8.20 p.m. on the allegation of assault. But, there was absolutely no external injuries. On BA 4426/08 -3- examination, nothing abnormal was detected in chest and abdomen. It appears that he was travelling from place to place with the assailants and he had food and liquor together with the assailants and he had also stayed in different places wherever they had taken. Though he knew that he was taken away at the tip of a knife, he did not ask why they were doing so. No weapon was used for the offence and no recovery is to be effected through the petitioners. 7. On going through the case diary and on hearing both sides, I find that anticipatory bail can be granted to the petitioners on conditions. Hence, the following order is passed:- 1) Petitioners shall surrender before the Investigating Officer and make themselves available for custodial interrogation. 2) Thereafter, in the event of their arrest, if any, they shall be produced before the Magistrate court concerned, in accordance with law. 3) On production of the petitioners before the learned Magistrate, and if any bail application is filed, the petitioners shall be released on bail on their executing a bond for Rs. 25,000/- with two BA 4426/08 -4- solvent sureties each for the like amount to the satisfaction of the learned Magistrate on the following conditions:- i. The petitioners shall report before the Investigating Officer on every alternate days between 10 a.m. and 1 p.m. until further orders. ii. The petitioners shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. iii.The petitioners shall not intimidate or influence any witness or tamper with evidence while on bail and in case breach of this condition, bail is liable to be cancelled. The application is allowed as above. K. HEMA, JUDGE. mn.