Riyas T.M. And Anr vs State Of Kerala

The applicants are accused Nos.1 and 2 in Crime No.718/2020 of Thrikkakkara Police Station, Ernakulam, for having allegedly committed offences

punishable under Sections 323, 365, 394, 342 and 506(i) r/w Section 34 of the IPC.

The prosecution case, in brief, is that owing to the previous enmity with the de facto complainant's son, on 06.11.2020 at about 8.30 p.m, the

applicants allegedly abducted the de facto complainant's son in a car bearing Reg.No.KL-47-H-8222 and took him to a godown at Kodungalloor,

confined him there, assaulted him and thereafter robbed him of his mobile phone and cash worth Rs.15,000/- and thus committed the offence.

The applicants state that they are innocent and the allegations are not true and that no serious injuries had been sustained by the de facto

complainant's son. The vehicle which was allegedly used by the applicants for abducting the de facto complainant's son has already been recovered

and the applicants were arrested on 07.11.2020 and have been in custody since then.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

The first applicant has only one case registered against him. The 2nd applicant has no criminal antecedents. It is also stated that the injuries are not

very grave or serious. Considering the fact that the applicants have allegedly robbed only two mobile phones worth Rs.15,000/- and that no grave

injuries has been sustained to the persons who abducted and confined, and also for the reason that the applicants do not have any criminal antecedents

and they have been already subjected to interrogation, I find no reason for the further detention of the applicants.

In the result, the bail application is allowed and the applicants are directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty

thousand only) each with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

(1) They shall appear before the investigating officer on all Saturdays between 9 a.m and 12 noon for a period of two months or till filing of the final

report whichever is earlier.

(2) They shall not attempt to influence or intimidate the witnesses.

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

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.