Kerala High Court
Shamil vs State Of Kerala on 19 January, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
Bail Appl..No.9152 OF 2020
CRIME NO.1103/2020 OF Ambalappuzha Police Station , Alappuzha
PETITIONER/S:
SHAMIL, AGED 20 YEARS, S/O JABBAR, KANNIPARAMBIL
HOUSE, KUMBAMKALLU, THODUPUZHA EAST P.O,
IDUKKI DISTRICT 685585.
BY ADV. SRI.C.DHEERAJ RAJAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.V.SREEJA PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9152 OF 2020
2
O R D E R
Dated this the 19th day of January 2021 Application for anticipatory bail under Section 438 of Cr.P.C. The applicant is the 5th accused in Crime No.1103/2020 of Ambalapuzha Police Station for having allegedly committed offences punishable under Sections 342, 363, 384, 323 and 294(b), r/w Section 34 of IPC. Subsequently, the offence under Section 294(b) was deleted.
2. The prosecution case, in brief, is that on 16.08.2020 at about 5.15 p.m. the applicant in furtherance of common intention with other accused and due to enmity towards the de facto complainant for having sold a defective mobile phone through OLX, approached the de facto complainant, abducted him in a car and wrongfully detained him and, thereafter he was assaulted and a sum of Rs.25,700/- was extorted from him by means of Google pay and by using his ATM card.
3. The applicant states that he is innocent and the allegations are not true and that the other co-accused 1 to 4 have already Bail Appl..No.9152 OF 2020 3 been released on bail by this Court vide order dated 26.11.2020 in B.A. No.6863/2020. The applicant is also similarly placed and he has no criminal antecedents. He is willing to cooperate with the investigation. Hence, the application may be allowed.
4. Heard the learned counsel for the applicant and the learned Public Prosecutor.
5. The applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation and recovery if any, he shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer and on following conditions:
(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final report whichever is earlier.
(ii) He shall not also attempt to influence the witnesses or tamper with evidence.
(iii) He shall not get involved in any other similar crimes Bail Appl..No.9152 OF 2020 4. during the currency of the bail.
In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.
SD/-
ASHOK MENON JUDGE rmm