Salam Abdul Khader vs State Of Kerala

The applicant is the 1st accused in Crime No.1122 of 2020 of Perumbavoor Police Station, Ernakulam, for having allegedly committed offences

punishable under Sections 364A, 342, 324, 506(ii) r/w Section 34 of the IPC. The prosecution case, in brief, is this:

On 19.05.2020, the applicant, in furtherance of common intention with two others, kidnapped one Anwar aged 19 years old and wrongfully detained

him and thereafter intimidated and assaulted him. Then they contacted his brother and sought a ransom of Rs.12,000/- and thus committed the

offence. The applicant states that the allegations are not true. In fact, Anwar was a business partner of the applicant in selling tender coconut and that

he cheated the accused of Rs.12,000/-. The applicant had demanded the return of that amount from him. The defacto complainant and his brother

foisted a false case against the applicant, knowing fully well that the applicant has some criminal antecedents and therefore, the Police would very

easily register a case against him. He seeks bail since he has been in custody from 20.5.2020 onwards.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor points out that the

applicant is involved in 22 crimes, 14 of which are for offences under the NDPS Act. That apart, he in cases of theft and dacoity under Sections 379,

380 and 395 IPC. Twice proceedings under Section 107 Cr.P.C has been initiated against him. In case the applicant is released on bail, there is every

possibility that he may get involved in offences of similar nature.

The learned counsel appearing for the applicant submits that all the cases except four have been disposed of and he has not been convicted after

the year 2010. He has been released on bail in all the other cases. He is willing to abide by any conditions that may be imposed. He has got an aged

and sick mother. He is the only breadwinner of the family. He seeks bail. The other co-accused have already granted bail. The investigation is

completed and the case is presently pending for committal as CP.No.12 of 2020.

After hearing the submissions made on both sides, I find that the defacto complainant has not sustained any grave or serious injury in this case. The

ransom demanded was only Rs.12,000/-. The circumstances, prima facie, does not indicate a case of kidnapping for ransom. The possibility of

demanding such a paltry amount as ransom appears improbable. The applicant has set up a defence that it is the amount that was due to him from the

defacto complainant. Anyway, the trial court will have to decide on the defence set up by the applicant. Since the applicant has been released on bail

in most of the other cases, I find no reason to detain him further in this case alone, for he has been in custody from 20.5.2020. Stringent conditions can

be imposed in order to see that he does not breach the bail conditions.

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

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

(i) He shall appear before the Investigating Officer as and when called for.

(ii) He shall not leave the jurisdictional limits of the Perumbavoor Police Station, without seeking the permission of the Investigating Officer in this

case.

(iii) He shall not intimidate or influence witnesses and tamper with evidence.

(iv) He 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.