Harisson Rashid Alias Haris And Anr vs State Of Kerala

The applicants are accused Nos. 2 and 3 in Crime No.718 of 2020 of Thrikkakara Police Station, Ernakulam, for having allegedly committed

offences punishable under Sections 323, 342, 365, 394 and 506(1) read with Section 34 of the IPC. The prosecution case, in brief, is this:

On 06.11.2020 at about 8.30 PM, the defacto complainant's son, one Jinas, was allegedly kidnapped by the accused in a vehicle bearing reg. No.

KL 47 H 8222 and taken to a godown and thereafter he was assaulted, illegally detained and he was robbed of Rs.15,000/- in cash and also his mobile

phone. The reasons sought for such kidnapping is because the defacto complainant's son had taken on rent a car belonging to the 1st accused and

failing to return the same on time. It is for that reason that the defacto complainant's son was kidnapped and assaulted by the applicants. The accused

Nos. 1 and 4 were already were arrested. The amounts and the mobile phone were recovered from them. The car which was allegedly used for

kidnapping was also seized and they were subsequently granted regular bail also. The applicants, therefore, pray that they may be granted anticipatory

bail as they do not have any criminal antecedents.

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The applicants do not have any criminal antecedents has

admitted. The recovery is all complete. And, therefore, custodial interrogation of the applicants may not be necessary. It is stated that the 3rd accused

is a person, who has arranged for the commission of the offence. But, however, the fact being that he has no criminal antecedents, I find no reason to

decline anticipatory bail to the applicants.

In the result, the application is allowed and the applicants are directed to surrender before the Investigating Officer within two weeks. After

interrogation, in the event of their being arrested, they shall be released on bail on the execution of bonds for Rs.50,000/-(Rupees Fifty thousand only),

each with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer and on following further conditions:

(i) They shall appear before the Investigating Officer as and when called for and they shall co-operate with the investigation.

(ii) They shall not intimidate or influence witnesses and tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.