IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1573 of 2008() ----------------------------- CRIME NO.74/08 OF THE VAIKOM POLICE STATION .................... PETITIONER --------------------------- 1. SREEJITH S. MENON, AGED 47 YEARS S/O.MADAVA MENON, KUZHIYAPPAD HOUSE MANISSERY P.O.,OTTAPALAM, PALAKKAD. 2. REGU, AGED 25 YEARS,S/O MURUKESH COOLIE LANE, I-BLOCK-4,METTOOR, SELAM, TAMIL NADU. 3. VIJAY, AGED 30 YEARS,S/O.RAJU HOUSE NO. 180/04 GANDHINAGAR,KUTTATHIPETTY SELAM, TAMIL NADU. BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------- 1. STATE OF KERALA,REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. STATION HOUSE OFFICER VAIKOM POLICE STATION, VAIKOM. 3. THE STATTION HOUSE OFFICER CENTRAL POLICE STATION, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1573 OF 2008 ------------------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for regular bail. The petitioners are accused 1 to 3. Altogether 4 accused persons are arrayed now. The crime is registered for offences punishable, inter alia, under Sec.364A of the IPC. The de facto complainant as well as a friend of his, who are said to be the real estate dealers, were allegedly abducted in a car. They were induced to get into the car on the representation that they should go to Nilambur in connection with a property transaction. But ignoring their objections, they were not taken to Nilabur and were instead taken to a place at Pollachi where they were illegally detained and assaulted. They were threatened that they will not be released unless an amount of Rs.50 lakhs was paid. The de facto complainant had to call a friend of his and request him to arrange finance. The friend alertly perceived that the de facto B.A. No. 1573 OF 2008 -: 2 :- complainant was in danger and ensured that the de facto complainant along with the captors were induced to come to Ernakulam on the guise that the amount shall be handed over in a hotel at Ernakulam. When the three petitioners along with the de facto complainant reached the hotel, the friend, who had already informed the police, engaged them for some time till the police reached the scene and took accused 1 to 3 into custody. The First Information Statement was lodged thereafter. Investigation is in progress. The petitioners remain in custody from 1/2/08. The 4th accused has not been arrested so far. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The allegations raised are totally false. The fanciful theory that the petitioners had brought the de facto complainant in confinement to Ernakulam is improbable and artificial and no prudent person can swallow such version. Equally preposterous is the theory that the friend of the de facto complainant, who was detained at Pollachi, was simply freed and he could come to Ernakulam without any difficulties after the police arrested accused 1 to 3. The prosecution version does not rhyme well human probabilities. As a matter of fact accused 1 to 3 were induced to come to a hotel in Ernakulam for the purpose of certain negotiations and B.A. No. 1573 OF 2008 -: 3 :- after reaching there they were duped and were pushed into police custody. The petitioners, who have remained in custody from 1/2/08, may, at any rate, be enlarged on bail now, it is prayed. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the contentions are all without any merit. But the petitioners having remained in custody from 1/2/08, the State does not want to raise any objections against their release on bail now subject to very strict and appropriate conditions, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I am persuaded to agree that the petitioners can be granted regular bail subject to appropriate conditions. 5. In the result: (a) The application is allowed. (b) The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for B.A. No. 1573 OF 2008 -: 4 :- interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (iii) The petitioners shall not, during the said period of two months, leave the Sessions Division of Ernakulam without the prior permission of the learned Magistrate except for the purpose of complying with Condition No.(ii) above. 5. Hand over a copy of this order to the learned counsel for the petitioners. (R. BASANT, JUDGE) Nan/