IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6754 of 2008() ------------------------------------------ (CBCID CRIME 173/CR/TVM/08,MEDICAL COLLEGE POLICE STATION CRIME 488/08) PETITIONER : 2ND ACCUSED: --------------------------------------------- SYAM ANTONY, S/O. ANTONY, PAUL VILLA, T.C 34/799, VALIYA THOPPU, SHANGUMUGHAM, PETTAH VILLAGE. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE AND COMPLAINANT: ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. --------------------------------------------- B.A.No.6754 of 2008 --------------------------------------------- Dated this the 4th November, 2008 O R D E R This petition is for bail. 2. According to prosecution, one Sabarinath was arrested in connection with crime no.480/08. On questioning him, the commission of present crime was revealed. As per the allegations, on 26.8.2008, while Sabarinath was in the premises of Malayala Manorma News Channel and he was taken by A1 in a car to the General Hospital Junction. On reaching there, he was pushed out of the car by petitioner (A2) after snatching away his bag containing gold ornaments. He also got out of the car, while another lancer car was came to the spot wherein A1 and A5 were present. A1, A2 and A5 thereafter, forcibly took Sabarinath to the car and he was taken to Valiyathura under threat and from there to Mavelikkara. A1 to A3 were demanded money from him and he was detained and confined in different rooms till 27.8.2008. On 28.8.2008, he was again taken from Mavelikkara to Ernakulam and from there to Kayamkulam and from Kayamkulam to another place from where Sabarinath BA No.6754 /2008 2 escaped. In the meanwhile, since there was demand of money, Sabarinath called A3 over phone and he was asked to come with the gold ornaments (3 kg.), which was entrusted by Sabarinath to him. A3 came to White Fort Hotel at Vytilla and handed over the gold ornaments. 3. From Kayamkulam, A1, A3 and A5 by force made Sabarinath to sign in certain forms for the purpose of transferring two cars in the name of petitioner. From Kayamkulam, the third accused took Sabarinath by force to another place and he also pressurised Sabarinath to sign in forms for transfer of car in his name. But, without signing those documents, he had escaped. Petitioner had deposited Rs.14.5 lakh in the name of one Anila in the establishment of Sabarinath and he wanted the money back. The other accused were also depositors who had lost money and hence, they had committed the offence to get back the money from Sabarinath. 4. In connection with the above transactions, three separate crimes were registered. Crime no.486/08 confines to the transaction between Manorama News Channel to General Hospital Junction and the snatching of bag by second accused. BA No.6754 /2008 3 The second crime no.487/08 is in respect of the transaction between General Hospital Road to Mavelikkara. Crime no.488/08 is in respect of the transaction from relating to Mavelikkara on 28.8.2008 till the place from where Sabarinath escaped. The crime was registered on 2.9.2008. Petitioner was arrested on 23.9.2008. 5. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. The alleged transaction is highly artificial. The police deliberately registered three crimes in respect of the same alleged transactions with a view to harass the accused. The police falsely implicated petitioner in the crime with ulterior motive. The present story put forward by the prosecution is not reflected in the FIR which is registered on the basis of certain extracts of the confession statement of Sabarinath in crime no.480/08. 6. This petition is opposed. Learned public prosecutor submitted that the commission of the crime was brought to the notice of the police while a confession statement was recorded from Sabarinath in crime no.480/08. The police has absolutely no grudge against petitioner or any of the accused to falsely BA No.6754 /2008 4 implicate them in an offence of this nature. The information gathered is only from Sabarinath based on which the crimes were registered. Even now the place from where Sabarinath escaped, is not quite clear in investigation and that is being investigated into. It is not correct to say that petitioner is absolutely innocent. He is involved in three other crimes including the offence under Section 307 IPC and offence under the Arms Act. The investigation is at the early stage. Though the crime is registered by the Medical College Police, it has now been transferred to the Crime Branch and a report is already given stating that all these crimes were committed in the course of the same transaction and it will be treated as a single case. 7. On hearing both sides, I am satisfied that it may not be proper to grant bail to petitioner at this stage of investigation. The assertion that police is motivated to falsely implicate petitioner in the offence cannot be accepted in the absence of any material to support such allegations. This petition is dismissed. K.HEMA, JUDGE csl