Kerala High Court
Shemnas vs State Of Kerala on 29 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
Bail Appl..No.1118 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 1310/2020 DATED 03-11-2020 OF
DISTRICT COURT & SESSIONS COURT, KOTTAYAM
CRIME NO.1013/2020 OF Kottayam West Police Station, Kottayam
PETITIONER/S:
SHEMNAS,
AGED 38 YEARS, SON OF BASHEER,
SALI MANZIL, KUMARANELLOOR P O,
KOTTAYAM DISTRICT, 686016
BY ADV. SRI.V.P.MOHAMMED NIYAZ
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN 682031
2 THE STATION HOUSE OFFICER,
KOTTAYAM WEST POLICE STATION,
KOTTAYAM WEST P O, KOTTAYAM DISTRICT, PIN 686003,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
R1 BY PUBLIC PROSECUTOR
SMT.V.SREEJA -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.1118 OF 2021
2
ORDER
Dated this the 29th day of January 2021
Application for regular bail under Section 439
Cr.P.C.
The applicant is the 2nd accused in Crime
No.1013/2020 of Kottayam West Police Station, for
having allegedly committed offences punishable
under Sections 294(b), 323, 365, 384 and 506 r/w
Section 34 of the IPC. He had earlier approached
this Court for bail by filing B.A.No.7592/2020 and
this Court had vide order dated 02.12.2020
dismissed the application for bail. This is the
second time he is approaching.
2. The prosecution case, in brief, is that the
applicant along with three others had in
furtherance of common intention on 03.09.2020 at
about 5.p.m., near the vegetable stall at Kottayam
market, kidnapped the de facto complainant in an
auto rickshaw to an isolated place near Kodimatha
Bail Appl..No.1118 OF 2021
Bridge and wrongfully detained him for hours
demanding Rs.50,000/- as ransom for his release.
He was assaulted and thereafter intimidated at
knife point and the de facto complainant paid
Rs.30,000/- through his friend to the accused. On
04.09.2020, de facto complainant was contacted
over phone demanding the balance of Rs.20,000/-
and he was again threatened and thereafter he
approached the police to raise the complaint. The
applicant was arrested on 04.09.2020 and has been
in custody since then. His earlier bail
application indicated that the applicant is a
notorious criminal having 11 crimes registered
against him, out of which he has been acquitted in
four crimes and the rest are still pending. The
applicant is involved in offences ranging from
Sections 332, 352 and 308 of the IPC. Considering
his antecedents and the fact that there is a
possibility that he may intimidate the witness,
Bail Appl..No.1118 OF 2021
the application was dismissed with a direction to
the trial court to expedite the trial and take it
to a logical conclusion. The applicant has again
approached this Court stating that the witnesses
were not present and that there is every
possibility that the trial may be prolonged and
therefore he seeks bail. The fact that the
applicant has been in judicial custody undergoing
trial is no reason to state that his liberty has
been pertained and that there is violation of
Article 21 of the Constitution of India. The
Hon'ble Supreme Court has while considering
detention of the person, who were 8 years under
trial in Achint Navinbhai Patel @ Mahesh Shah v.
State of Gujarat and Ano [AIR 2003 SC 2172], held
that the detention of a person during trial is not
a violation of the liberty of a person, and
therefore, the application for bail was dismissed.
In the present case also it was noticed by
Bail Appl..No.1118 OF 2021
this Court that the applicant is a notorious
criminal having several criminal antecedents and
that there is a fair possibility of his
intimidating the witnesses, in case he is released
on bail and it is for that purpose his earlier
bail application was dismissed. There are no
changes of circumstances and therefore the
application is dismissed once again reminding the
trial court to expedite the trial.
Sd/-
ASHOK MENON
JUDGE
spk
