Kerala High Court
Yedhu C. S vs State Of Kerala on 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
BAIL APPL. NO. 9506 OF 2023
CRIME NO.713/2023 OF KALADY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT CRMC 2942/2023 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT - VIII, ERNAKULAM / IV
ADDITIONAL MACT, ERNAKULAM
PETITIONER/ACCUSED NO.2:
YEDHU C. S
AGED 25 YEARS, S/O. SIVAN,
CHIRANGARA HOUSE, PADICKALAPARA,
AIMURY, KOOVAPPADY., PIN - 683544
BY ADV A.P.NIDHIN KUMAR
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. T.V NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.11.2023, ALONG WITH Bail Appl..9515/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9506 & 9515/2023
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023/17TH KARTHIKA,1945
BAIL APPL. NO. 9515 OF 2023
CRIME NO.713/2023 OF KALADY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT CRMC 2942/2023 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT - VIII, ERNAKULAM / IV
ADDITIONAL MACT, ERNAKULAM
PETITIONER/ACCUSED NO.3:
MIDHUN
AGED 27 YEARS, S/O. PONNAPPAN,
VARKOOTTAM HOUSE, NADUCOLONY,
KADAPARA KARA, MALAYATTOOR., PIN - 683587
BY ADV A.P.NIDHIN KUMAR
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. T.V NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 08.11.2023, ALONG WITH Bail Appl..9506/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9506 & 9515/2023
..3..
MOHAMMED NIAS C.P., J.
---------------------
B.A.Nos. 9506 & 9515/2023
---------------------------
Dated this the 8th day of November, 2023
ORDER
These applications are filed under Section 439 of the Code of
Criminal Procedure, seeking regular bail.
2. Accused No.2 filed B.A.No.9506/2023, and accused No.3
has filed B.A.No.9515/2023. The petitioners are accused Nos.2 and 3,
respectively, in Crime No. 713/2023 of Kalady Police Station, Ernakulam
District, for having allegedly committed offences punishable under
Sections 365, 395, 323 & 506 of the Indian Penal Code.
3. The prosecution case is that the accused Nos. 1 to 6
entertained a common intention to kidnap the defacto complainant and
commit dacoity. In furtherance of common intention, at 2 pm on
06.09.2023, accused No.1 required the defacto complainant to reach in
front of the Rajagiri Hospital, Chunagamvelli. When he reached there,
accused Nos. 1 and 2 kidnapped him and brought him to a rubber
plantation near Malayatoor. Accused Nos.1 to 6 threatened him. Accused
No.1 hit on his backside, causing pain and obtained Rs.1400/-via google
B.A.Nos.9506 & 9515/2023
..4..
pay. Then, accused No.1 took out the mobile phone of the defacto
complainant and compelled him to transfer Rs. 56,500/- using a credit
card and pin number by threatening him and thereby committed the
offence.
4. The learned counsel appearing for the petitioners would say
that the petitioners are innocent and falsely implicated with ulterior
motives. At any rate, he points out that the petitioners have been in
custody since 09/09/2023, and continued custody of the petitioners is
unnecessary.
5. The learned public prosecutor opposed the petitions and
pointed out that the petitioners were not entitled to bail.
6. After considering the rival submissions and considering the
allegations against the petitioners, that the petitioners have been in
custody since 09/09/2023 and also since there is no apprehension raised
by the prosecution that if released on bail, the petitioners are likely to
abscond and the fact that accused Nos.4 and 5 already granted bail, I hold
that bail can be granted to the petitioners more so when no other criminal
antecedents have been reported against the petitioners.
Accordingly, these applications are allowed, and the petitioners
granted bail subject to the following conditions:-
B.A.Nos.9506 & 9515/2023
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(i) The petitioners shall be released on bail on executing a bond
for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties
each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioners shall report before the Investigating Officer
as and when directed.
(iii) The petitioners shall not tamper or attempt to tamper with
the evidence or influence or try to influence the witnesses.
(iv) The petitioners shall not be involved in any other crime
while on bail or leave India without the prior permission of the Court
concerned.
If any of the conditions are violated, the court concerned shall be
empowered to take steps for cancellation of bail as per law.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
APA
B.A.Nos.9506 & 9515/2023
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APPENDIX OF BAIL APPL. 9506/2023
PETITIONER ANNEXURES
Annexure A THE TRUE COPY OF THE ORDER IN CMP
NO.2042/2023 DATED 13/09/2023
Annexure B TRUE COPY OF ORDER IN CRL.M.C NO.
2942/2023 BEFORE THE THE COURT OF
ADDITIONAL SECTION JUDGE-IV (IN CHARGE
OF ADDITIONAL SECTION JUDGE - II ),
ERNAKULAM DATED 16/10/2023
B.A.Nos.9506 & 9515/2023
..7..
APPENDIX OF BAIL APPL. 9515/2023
PETITIONER ANNEXURES
Annexure A THE TRUE COPY OF THE ORDER IN CMP
NO.2042/2023 DATED 13/09/2023
Annexure B TRUE COPY OF ORDER IN CRL.M.C NO.
2942/2023 BEFORE THE THE COURT OF
ADDITIONAL SECTION JUDGE-IV (IN CHARGE
OF ADDITIONAL SECTION JUDGE - II ),
ERNAKULAM DATED 16/10/2023
