Ashkar vs State Of Kerala And Ors

The applicant in BA No.66 of 2021 is the 6th accused, While the applicants in BA No. 73 of 2021 are accused Nos. 1 and 8 in Crime No.612 of

2020 of Changaramkulam Police Station, Malappuram District, for having allegedly committed offences punishable under Sections 363, 364A, 342, 395

and 120B of IPC. The prosecution case, in brief, is this:

On 29.10.2020, the applicants, hatched a conspiracy to kidnap the defacto complainant, one Kadher from Edappal for ransom, and thereafter, they

kidnapped him and confined him in a lodge room, robbed him of his gold chain, ring, bangle, diamond ring, Rolex watch and a Fortuner car and

thereafter he was taken to Wayanad and a ransom of Rs.3 Crore 60 lakhs was demanded from him. Finding him missing, his wife initially made a

complaint at Chalissery Police Station, in consequence of which, an FIR was registered for the man missing. Subsequently, the present crime was

registered at Changaramkulam Police Station, on the defacto complainant appearing before the Changaramkulam Police Station on 03-11-2020. The

applicants state they are innocent and the allegations are not true.

The contention of the applicants is that prosecution case as stated is totally unreliable and looks like a make-believe story. The defacto complainant

has not been caused any injuries during his alleged detention by the accused persons. The accused numbers 1 and 8 were arrested on 02-12-2020.

While the 6th accused has been in judicial custody since 18-11-2020. They state that they do not have any criminal antecedents and therefore, further

detention may not be allowed.

Heard the learned counsels appearing for the applicants and the learned Public Prosecutors. Records produced.

The applicants were allegedly engaged by a person to whom the defacto complainant owes money. It is indicated that the applicants were acting

under the instructions of a person, who has not been made an accused. The applicants are therefore paid criminals, who have been committing this

offence of kidnapping and dacoity. Committing criminal offences for gain, the class of its own looked upon with much seriousness as a grieve offence.

The applicants do not have anything against the defacto complainant. Despite that, for the purpose of making money and gaining, they allegedly

kidnapped the defacto complainant, confined him and thereafter robbed him of his valuable possessions. The investigation is still at its infancy and

further interrogation will have to be made regarding the involvement of the other accused, who are yet to be apprehended. The person for whom, the

applicants who were working will also have to be unravelled. And, therefore, I am of the opinion that it is still too early for releasing the applicants on

bail.

The applications for bail are therefore dismissed.