Kerala High Court
Abdul Rasaq vs State Of Kerala on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
BAIL APPL. NO. 854 OF 2024
CRIME NO.490/2022 OF Manjeswar Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED 25.01.2024 IN CRMC NO.55 OF 2024
OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL,
KASARAGOD
PETITIONER:
ABDUL RASAQ
AGED 29 YEARS
S/O MONU HAJI, RESIDING AT RIFAHIYA MANZIL, ARIKKADY
POST, KUMBALA VILLAGE, KASARAGOD DISTRICT, PIN - 671321
BY ADVS.
T.A.UNNIKRISHNAN
K.K.AKHIL
T. SREELAKSHMI UNNIKRISHNAN
DAKSHINA SARASWATHY
NANDU S KUMAR
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
SENIOR PUBLIC PROSECUTOR C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 854 of 2024 2
VIJU ABRAHAM, J.
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B.A. No. 854 of 2024
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Dated this the 29th day of February, 2024
ORDER
This bail application is placed before this
court by the learned Judge who heard the matter
earlier as the bail application in respect of the
co-accused was considered by me in B.A.No.101 of
2023.
2. Petitioner is the 13th accused in Crime
No.490 of 2022 of Manjeshwar Police Station,
Kasaragod District registered alleging commission
of offences punishable under Sections
143,147,148,342,363,364(A),330,324,308 r/w 149 of
IPC.
3. The prosecution allegation is that, on
24.6.2022 at 15 hours and 26.6.2022 at 18 hours,
the petitioner and 16 other accused persons
abducted the defacto complainant and transported
him in a vehicle and wrongfully confined in a
house at Noothila in Paivalike Village and beaten
with wooden stick and other weapons and thereby he
sustained injuries.
4. The petitioner submits that he has
surrendered before the Judicial First Class
Magistrare-II, Kasaragod on 11.1.2024 and his bail
application was dismissed by JFCM-II, Kasaragod on
11.1.2024. Later he filed Crl.M.C.No.55 of 2024
before the Sessions Court, Kasaragod and the same
was also dismissed as per Annexure-A1 order.
5. The learned Public Prosecutor upon
instructions submitted that the offences alleged
against the petitioner is very serious and the
complainant was brutally manhandled and the
petitioner had an active role in the commission of
the offence including conspiracy. Though an
anticipatory bail application was filed, the same
was dismissed and thereafter on 11.1.2024 he
surrendered before the jurisdictional Magistrate.
The learned Public Prosecutor opposed the
application for bail mainly on the ground that the
petitioner has entered into a conspiracy along
with the co-accused to force the defacto
complainant to return the money sent to the Gulf
countries and to achieve their motive hired gundas
and kidnapped the defacto complainant and he was
confined in a house and brutally manhandled,
whereby he sustained serious injuries. Learned
Public Prosecutor further submits that the
petitioner is involved in another Crime, ie, Crime
No.493 of 2022 of Manjeswaram Police Station
whereby the allegation against the petitioner is
punishable under Sections 341,324,364,302,120(B)
r/w Section 34, and Sections 201 212 of IPC.
Taking into consideration the seriousness of
the allegation against the petitioner and that he
was arrested only on 11.01.2024 and investigation
is going on, I am not inclined to grant bail to
the petitioner at this stage. Accordingly, the
bail application is dismissed.
Sd/-
VIJU ABRAHAM,JUDGE
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