Ansar E.A vs State Of Kerala
2021 Latest Caselaw 14488 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MR. JUSTICE K.HARIPAL
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        BAIL APPL. NO. 4115 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 1145/2021 OF DISTRICT COURT &
                    SESSIONS COURT, ERNAKULAM, ERNAKULAM
PETITIONER/S:

            ANSAR E.A.
            AGED 31 YEARS
            S/O.ALIYAR, ELLUVARAM HOUSE, MARAMPILLY P.O., ERNAKULAM
            DISTRICT - 683 105.

            BY ADV P.MOHAMED SABAH



RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA AT ERNAKULAM - 682 031.

    2       STATION HOUSE OFFICER
            NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT - 683
            585.




            ADV.SRI. SANTHOSH PETER, PROSECUTOR




     THIS    BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4115 OF 2021
                                       2



                                   ORDER

The petitioner is the 18th accused in Crime No. 248 of

2021 of NedumbasSery Police Station in Ernakulam district,

which was registered alleging offence punishable under Sections

323, 347, 356, 357, 365, 395, 212 r/w 34 of the I.P.C.

2. The learned counsel for the petitioner submits that

accused Nos. 1 to 10 had abducted one Thaju, who had arrived in

Nedumbassery International Airport on 18-04-2021, and that he has

been arraigned as an accused merely for the reason that at the time

of his arrival, he was present in the airport. He has no connection

with the alleged crime. The counsel also submits that his custodial

interrogation is not necessary and he is prepared to co-operate with

the investigation.

3. All these submissions are rebutted by the learned Public

Prosecutor. According to him, the said Thaju was abducted in four

cars used by a gang of kidnappers ; the 1st accused had given a

quotation for Rs. 2.40 lakh to accused Nos. 2 to 9 and 11 to 18 for

abducting the said Thaju, which was accomplished by the

petitioners and others. The petitioner is the owner of one of the BAIL APPL. NO. 4115 OF 2021

cars used for accomplishment of the crime.

After hearing counsel on both sides, I do not think that this is

a fit case to grant anticipatory bail to the petitioner invoking the

discretionary relief under Section 438 of the Cr.P.C. In the nature

of the allegation, custodial interrogation of the petitioner is

imminently necessary. The said vehicle has to be traced and seized.

In the circumstances, the application is liable to be dismissed.

Dismissed.

SD/-

K.HARIPAL JUDGE rps/