IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3608 of 2009()
1. JAYAPRAKASH @ JAYAN, AGED 32 YEARS,
... Petitioner
2. TOM K.JOSEPH @ TOM, AGED 23 YEARS,
3. SANOJ @ SANOPPY, AGED 26 YEARS,
4. PRAVEEN, AGED 26 YEARS, S/O.BABU,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3608 OF 2009
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Dated this the 8th July, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioners are accused Nos.1, 2, 4 and 5 in
Crime No.220 of 2009 of Mundakayam Police Station.
2. The offences alleged against the petitioners are under Sections
143, 147, 148, 323, 324, 326, 452, 365 and 308 read with Section 149 of
the Indian Penal Code.
3. One Anuja Roseline, who is an Australian citizen and whose
mother is also an Australian citizen, came to India and started residence
at Pampady in Kottayam District. Anuja Roseline’s mother belongs to
Pampady and she subsequently acquired citizenship of Australia. Anuja
Roseline fell in love with her car driver Baiju, aged 36, and started residing
with him. They entered into an agreement, which was registered before
the Sub Registrar’s Office. In the agreement itself it is stated that the
marriage as per that agreement is invalid and that both of them know that
it is invalid.
B.A. NO. 3608 OF 2009
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4. It would appear that Anuja Roseline’s mother approached the
police stating that her daughter was missing. Anuja Roseline was
produced by the police before the Magistrate’s Court. She stated before
the learned Magistrate that she would like to go with Baiju. Learned
Magistrate permitted Anuja Roseline to go with Baiju.
5. The prosecution case is that thereafter, the mother of Anuja
Roseline, the 10th accused in this case, hired accused Nos.1 to 9, who are
professional goondas, to get Anuja Roseline from the custody of Baiju.
Accordingly the operation was done on 21.5.2009 and Anuja Roseline
was abducted by them. Later, Anuja Roseline was taken to Australia by
her mother.
6. Accused Nos.4 and 5 were arrested on 30.5.2009. Accused
Nos.1 and 2 surrendered before the police on 2.6.2009. They are in
judicial custody.
7. Learned Public Prosecutor vehemently opposed the Bail
Application. It is submitted that all the accused persons are not arrested.
The tenth accused is in Australia and she has to be brought to India.
Learned Public Prosecutor submitted that if the petitioners are released
on bail at this stage, it would seriously affect the smooth conduct of the
B.A. NO. 3608 OF 2009
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investigation. Some other accused persons are also to be arrested.
Witnesses are to be questioned. The investigation is at the initial stage.
8. Taking into account the facts and circumstances of the case, the
duration of the judicial custody undergone by the petitioners, the nature
and gravity of the offence and the present stage of investigation, I do not
think that the petitioners can be released on bail at this stage.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/
