Leo Plasid vs State Of Kerala

Dr Kauser Edappagath, J

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

The applicant is the accused No.9 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 kidnapped the husband of the defacto complainant. The accused persons had forwarded a WhatsApp message demanding ransom of Rs.5 Lakhs 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 Smt.S.Rekha, 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. It is true that the investigation is over and the final report has already been filed. However, subsequent to the registration of the above crime, two more crimes were registered against the applicant as Crime Nos.164 of 2023 and 191 of 2023 of the Kundara Police Station. The allegation against the applicant in Crime No.164 of 2023 is that he assaulted the investigating officer in the above crime. The offences alleged in the said crime involve among others, punishable under Sections 353 and 307 of IPC and Section 27 of the Arms Act. The allegation in Crime No.191 of 2023 is that the applicant assaulted the investigating officer in Crime No.164 of 2023. The offences alleged in the said crime are punishable under Sections 353, 324, 332 r/w 34 of IPC.

Considering all these facts, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.