Kerala High Court
Ashkar vs The State Of Kerala on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
Bail Appl..No.1038 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1153/2020 DATED 30-12-2020 OF
DISTRICT COURT& SESSIONS COURT,MANJERI
CRIME NO.612/2020 OF CHANGARAMKULAM POLICE STATION , MALAPPURAM
PETITIONER/ACCUSED:
ASHKAR,
AGED 38 YEARS,
SON OF ALI,
PALLIPARAMBIL HOUSE,
MARANCHERI POST,
PARICHAKAM,
MALAPPURAM DISTRICT
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE & COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM
PIN-682 031
2 THE STATION HOUSE OFFICER,
CHANGARAMKULAM POLICE STATION,
MALAPPURAM DISTRICT.
PIN-679 575
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.V.SREEJA - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1038 OF 2021
2
ORDER
Dated this the 10th day of February, 2021
APPLICATION FOR REGULAR BAIL
The applicant is the 6th accused in Crime No.612 of
2020 of Changaramkulam Police Station, Malappuram, for having
allegedly committed offences punishable under Sections 363,
364A, 342, 395 and 120B of the I.P.C. The prosecution case, in
brief, is this:
2. On 29-10-2020, the applicant along with the other
co-accused, hatched a conspiracy to kidnap the defacto
complainant, one Khader, from Edappal for ransom. And
thereafter, they took him and confined him in a lodge room, first
at Edappal and thereafter at Wayanad, robbed him off his gold
chain, diamond ring, rolex watch, golden fame spectacles and a
Toyota Fortuner Car and they demanded a ransom of
Rs.3,60,00,000/- (Rupees Three Crores Sixty Lakhs Only) from
him. Initially, finding the defacto complainant missing, his wife
had made a complaint at Chalissery Police Station, in
consequence of which a F.I.R. was also registered. Subsequently,
B.A.No.1038 OF 2021
the defacto complainant had appeared before the
Changaramkulam Police Station and on the basis of his statement,
the present crime was registered and the alleged offence of
kidnapping, detention and seeking of ransom was revealed. The
applicant had earlier approached this Court for anticipatory bail by
filing B.A.No.66 of 2021, but the same was dismissed. This is the
2nd time the applicant is approaching for bail. The applicant states
that he has been in custody since 18-11-2020 and the final report
is not yet filed. The applicant has no other criminal antecedents.
And, therefore, he may be released on bail, since further
detention may not serve any purpose. It is also submitted that
accused Nos. 9 and 11 have already been granted bail.
3. Heard the learned counsel appearing for the applicant
and the learned Public Prosecutor. The learned Public Prosecutor
has submitted that the applicant has no criminal antecedents.
The investigation is almost complete. But, the final report is yet
to be filed. And, therefore, I find no reason for further detention
of the applicant
4. In the result, the application is allowed and the
applicant is directed to be released on bail on the execution of a
bond for Rs.50,000/-(Rupees Fifty thousand only), with two
B.A.No.1038 OF 2021
solvent sureties, each for the like amount to the satisfaction of the
jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer on all
Saturdays between 9.00 Am and 12.00 Pm for a period of two
months or till filing of the final report whichever is earlier.
(ii) He shall not intimidate or influence witnesses and
tamper with evidence.
(iii) He shall not get involved in similar offences during the
currency of the bail period.
In case of breach of any of the bail conditions, the
prosecution shall be at liberty to apply for cancellation of the bail
before the jurisdictional court.
The bail application is allowed.
Sd/-
ASHOK MENON
JUDGE
NR/10/02/2021
