Vysakh Babu vs State Of Kerala
2023 Latest Caselaw 10443 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                      BAIL APPL. NO. 8014 OF 2023


PETITIONER/4TH ACCUSED:

             VYSAKH BABU
             AGED 24 YEARS
             MEKKATT HOUSE,KUNDOOR P.O, THRISSUR., PIN - 680734
             BY ADVS.
             PRABHU K.N.
             MANUMON A.
             JAYAN KUTTICHAKKU


RESPONDENT/STATE:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
             BY P.P., SRI. RENJIT GEORGE



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.09.2023,     THE   COURT   ON   THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 Bail Appln. No.8014 of 2023       :2:




                          VIJU ABRAHAM , J.
              ===========================
                    Bail Appln. No.8014 of 2023
              ============================
               Dated this the 30th day of January, 2023

                                ORDER

This is an application for anticipatory bail.

2. The petitioner is the 4th accused in Crime No. 553/2021 of

Mannancherry Police Station, Alappuzha District alleging commission

of offences punishable under Sections 143, 147, 341, 342, 294(b),

323, 364(A), 365, 367, 368 and 120(b) read with Section 149 of the

Indian Penal Code.

3. The prosecution case is that, the petitioner along with

accused Nos. 1 to 3 and 5 to 11 hatched conspiracy and formed

themselves into an unlawful assembly with the knowledge that they

are all members of the said assembly and in prosecution of their

common object to extort money by kidnapping the brother of the

defacto complainant, Mr. Biju Nadarajan, the 1st accused made him to

believe that she will arrange loan from a bank and on 03.11.2021 at

9.30 am reached into room No.2 B of ARC Plaza at Mala in the car

bearing No. KL-32K-9001 driven by the said Biju and when he went

out of the room, accused Nos. 2 to 6 criminally trespassed into the

room and closed the door and windows of the room and the 2 nd

accused abused the said Biju and hit on his face and accused Nos. 3

to 6 also abused him and beat on his body. Thereafter the 2 nd

accused removed the dress worn by the said Biju and took his nude

photos and videos in the mobile of Biju and demanded Rs.10 lakhs

and threatened that he will be do away with if the money is not

given. When the above said Biju said that he has no money, they

demanded for Rs.2.5 lakhs and made him to call others for money.

When they realized that no money will be obtained, they took the

former Biju into a shed on the western side of Noorul Huda

Orphanage at Cheruthuruthi junction and accused Nos. 7 to 11

wrongfully restrained the said Biju in the shed and accused Nos. 2

and 7 handed over the car driven by Biju to accused No.11 and

thereby the accused have committed the alleged offences.

4. The learned Public Prosecutor submitted that investigation

is over and final report has been submitted.

Petitioner also relies on paragraph 36 of the judgment of the

Apex Court in Satender Kumar Antil v. Central Bureau of

Investigation and Another [2022 (4) KHC 570]. In the nature of

the order I propose to pass, I am of the opinion that it is for the

petitioner to raise any contention based on the judgment in

Satender Kumar's case supra before the jurisdictional Court. In

view of the above, the bail application is disposed of as follows;

(i) Petitioner shall surrender before the jurisdictional court

within three weeks and seek for regular bail.

(ii) Meanwhile in the event of arrest, the petitioner 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.

(iii) He shall not directly or indirectly make any inducement,

threat or promise to any person acquainted with the facts of the case

so as to dissuade him from disclosing such facts to the court or to

any police officer.

(iv) He shall not tamper with the evidence.

(v) He shall not commit any offence while on bail.

In the case of violation of any of the above conditions, the

jurisdictional court is empowered to cancel the bail, in accordance

with law.

Sd/-

VIJU ABRAHAM JUDGE sbk/-