IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 2328 of 2009 CRIME NO.679 OF 2006 OF PERINTHALMANNA POLICE STATION ` CMP. 1085/2009 IN CC.679/2006 of J.M.F.C.-I, PERINTHALMANNA PETITIONER: 2ND ACCUSED: -------------------- SHAJI,MANAPPURATH HOUSE, NORTH PARAVOOR,VADAKKEKKARA. BY ADV. SRI.BRIJESH MOHAN SRI.A.HAROON RASHEED RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2009,ALONG WITH BA NO.2459 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. Nos.2328 & 2459OF 2009 ------------------------------------------------------ Dated this the 29th May, 2009 O R D E R The petitioner in B.A.No.2328 of 2009 (Shaji) is the second accused and the petitioner in B.A.No.2459 of 2009 (Joby Thomas) is the first accused in Crime No.679 of 2006 of Perinthalmanna Police Station. 2. The offence alleged against the petitioners and five other accused persons are under Sections 395 and 363 of the Indian Penal Code. 3. The prosecution case is that the accused persons abducted one Mohammed Basheer in a Scorpio car and he was released on receipt of Rs.1,52,000/-. Though the crime was registered in 2006 as the incident happened on 7.10.2006, the petitioners were not available for arrest. Learned Public Prosecutor submitted that the first accused was arrested on 4.3.2009 in connection with another case and his formal arrest in this case was recorded on 11.3.2009. According to the first accused, he was arrested much earlier. The B.A. NOS.2328 & 2459 OF 2009 :: 2 :: second accused was also involved in another case and his formal arrest was recorded on 25.3.2009 in this case. Learned Public Prosecutor also submitted that accused Nos.3, 6 and 7 are not arrested so far as they are not available. He submitted that the petitioners are involved in other offence of a similar nature and that it is not not safe to release them on bail at this stage. The investigation is in progress and, according to the Public Prosecutor, there is every likelihood of the petitioners making themselves scarce, if they are released on bail. 4. Taking into account the facts and circumstances of the case, I do not think that it is just and proper to release the accused on bail at this stage. The Bail Applications are accordingly dismissed. 5. Learned counsel for the petitioner in B.A.No.2328 of 2009 submitted that the betrothal of the petitioner's sister is to take place on 31.5.2009 and that the petitioner may be released for two days to attend the function. Learned Public Prosecutor submitted that it is not safe to release him, but if the Court directs, he can be taken to his house in the presence of sufficient number of police. If the B.A. NOS.2328 & 2459 OF 2009 :: 3 :: second accused wants to visit his house on 31.5.2009, he shall make such a request to the Superintendent of Jail, Central Prison, Viyyur, Thrissur District on 30.5.2009 and if such a request is made, he shall be taken to his house with sufficient police protection to attend the betrothal ceremony. Registry shall communicate a copy of this order to the Superintendent of Jail, Central Prison, Viyyur, Thrissur District. (K.T.SANKARAN) Judge ahz/