Kerala High Court
Issak Issak C.M vs The State Of Kerala on 1 October, 2021
BAIL APPL. NO. 5849 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
BAIL APPL. NO. 5849 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 1771/2021 OF DISTRICT COURT &
SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD, KASARGOD
(CRIME NO.457 OF 2021 OF KASARAGOD POLICE STATION)
PETITIONER/1ST ACCUSED
ISSAK ISSAK C.M.,
AGED 30 YEARS
SON OF IBRAHIM, RESIDING AT KELIKUNU HOUSE, CHOORI,
KUDLU, MADHUR, KASARAGOD DISTRICT, 671124
BY ADVS.
T.MADHU
C.R.SARADAMANI
SHAHID AZEEZ
CHANDRALEKHA SANU
RENJISH S MENON
RESPONDENTS/STATE
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682031
2 THE STATION HOUSE OFFICER
KASARAGOD POLICE STATION, KASARAGOD DISTRICT, 671121
SRI. MANU.P.G- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5849 OF 2021 2
ORDER
Apprehending arrest in connection with Crime No.457 of 2021 of
Kasaragod Police Station registered for the offences punishable under
Sections 363,394 and 450 of the Indian Penal Code, this petitioner has
moved this application under Section 438 of the Code of Criminal
Procedure.
2. The prosecution case is that at 9.15. p.m on 22.6.2021 while
the defacto complainant was sitting along with his friend in his car at a
place called Battampara in Kudlu village, this petitioner along with the
other accused kidnapped him in a car bearing No.KL 14 5111 and
threatened him by showing a knife and robbed a sum of Rs.12000/-
ATM card, Pan car, driving licence etc by putting him under threat.
Thereafter he was forcefully taken to his house and robbed a gold chain
weighing 9.00 gm, a sum of Rs.15,000/- from the almirah and also
robbed his car and thereby committed the aforesaid offences.
3. The learned counsel for the petitioner has raised a plea of false
implication and submitted that such an unbelievable and improbable
story has been narrated by the defacto complainant. In fact he is totally
innocent of the allegations levelled against him. But he apprehends
arrest.
4. On the other hand, the learned Public Prosecutor has submitted
that as the accusations levelled against the petitioner are grave and
serious in nature, this application is only to be dismissed. Moreover,
recovery of the entire articles robbed by this petitioner along with the
other accused persons have not been effected, though accused Nos.2
and 3 were arrested and they are undergoing incarceration.
4. On hearing the learned counsel for the petitioner as well the
learned Public Prosecutor, it could be seen that there is a strong prima
facie case against this petitioner who is arraigned as the 1 st accused.
The materials so far collected would show that he is the person, who is
the master mind of this incident. Though this incident appears to be a
strange one, the allegations levelled against this petitioner and the other
accused by the defacto complainant in his FI statement makes out a
prima facie case against all the accused including this petitioner.
Moreover the defacto complainant has given a statement to the effect
that he was taken to his house forcefully and this petitioner have robbed
all the items including money, ATM card, Pan card and also removed his
car from his custody.
So no doubt, the entire articles alleged to have been lost in the
incident have to be recovered and hence, custodial interrogation of this
petitioner is found necessary to find out the reason for the attack by the
petitioners. Whether they were having some secret transaction so as to
abduct him have to be probed into by the investigating agency. So in
order to unearth the entire materials involved in this case, custodial
interrogation of this petitioner is inevitable.
Such being the case, this petition for pre-arrest bail is only to be
dismissed.
Dismissed.
Sd/-
SHIRCY V.
JUDGE
smm
