Leo Plasid vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused No.6 in Crime No.121 /2023 of Infopark Police Station. The offences alleged are punishable under Sections 143, 147, 148, 341, 342, 294(b), 506(ii), 323, 324, 326, 307, 364A, 346, 368, 212 and 149 of IPC.

The prosecution case, in short, is as follows:- On 24.1.2023 at about 07.00 p.m, the defacto complainant was travelling along with her husband and the 1st accused who is the friend of her husband in an Innova Car towards Kakkanad. When the vehicle reached near Kinfra gate at about 7.15 p.m, another car had intercepted the Innova car. Later, the defacto complainant was permitted to get down from the car and 4 other persons had kidnapped the husband of the defacto complainant. The accused persons had forwarded a WhatsApp message demanding ransom of Rs.5Lakh to the mobile number of Jobin and thereby committed the above offence.

I have heard Sri.Pratheesh.P, the learned counsel for the applicant and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 26.01.2023. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Moreover, the applicant has strong criminal antecedents. He is involved in 4 other crimes. One of the crimes was registered on the allegation that the applicant assaulted the investigation officer herein when he went to arrest the applicant in connection with the above crime.

Considering the nature of the crime, how the applicant is alleged to have complicity in it, and the facts and circumstances mentioned above, I am of the view that he cannot be released on bail at this stage.

The bail application, accordingly, is dismissed.