IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4251 of 2009()
1. MANU @ HISHAM,AGED 23/09,S/O.KAMAL
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. SUB INSPECTOR, THAMARASSERY POLICE
For Petitioner :SRI.K.ANAND
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4251 OF 2009
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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
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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
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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/