BA No.4449 of 2025

BA No.4449 of 2025 1 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:28396 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` THURSDAY, THE 3[RD] DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 ``` ## **`BAIL APPL. NO. 4449 OF 2025`** ``` CRIME NO.253/2025 OF VADAKKANCHERRY POLICE STATION, ``` ## **`PALAKKAD`** ## **`PETITIONER(S)/ACCUSED NO.1 TO 3:`** - **`1 THAJUDEEN`** ``` AGED 36 YEARS, S/O MAYIN KUTTY, R.V. PUDUR ROAD, KOZHINJAMPARA P.O, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PALAKKAD, PIN – 678555 ``` - **`2 MANOJ`** ``` AGED 36 YEARS, S/O MANOHARAN, AALAMPADI HOUSE, KOZHINJAMPARA P.O, VALIYAPALLAMPATHI VILLAGE, CHITTUR TALUK, PALAKKAD, PIN – 678 555 ``` - **`3 SABEER`** ``` AGED 36 YEARS, S/O KAMALUDHEEN, PAZHANIYAR PALAYAM, PAZHANIYAR PALAYAM P.O, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PALAKKAD., PIN – 678 555 ``` ``` BY ADVS. CIMIL CHERIAN KOTTALIL MINTU CHERIYAN JUANITA ROCH ANAMIKA P S ``` BA No.4449 of 2025 2 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:28396` ## **`RESPONDENT( S )/COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031`** ``` 2STATION HOUSE OFFICER THE INSPECTOR OF POLICE VADAKKANCHERY POLICE STATION, PIN - 680584 ``` ## **`BY ADV.:`** ## **`SR PP-NOUSHAD K A`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` BA No.4449 of 2025 3 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:28396` **P.V.KUNHIKRISHNAN, J. ------------------------------------------BA No.4449 of 2025 -------------------------------------------Dated this the 03[rd] day of April, 2025** ## **O R D E R** This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 2. The petitioners are accused Nos.1 to 3 in Crime No.253/2025 of Vadakkancherry Police Station, Palakkad. The above case is registered against the petitioners alleging offences punishable under Sections 118(2), 109(1), 140(1) r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that, on BA No.4449 of 2025 4 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:28396 ``` 23.02.2025 at 21.00 hours, the accused, in furtherance of their common intention, abducted the defacto complainant from Ambattuparambu in Vadakkancherry in a Wagan R car with intention to murder him. They sprinkled chilli powder on his face and forcefully pushed him into the car. They shouted threats to kill him with a steel pipe. Accused No.1 voluntarily caused hurt to him by beating him on the back of his head. Accused Nos.1 and 2 beat on his left hand and on the varioius parts of his body, kicked him and inflicted injuries to him. Thereafter the accused abandoned the defacto complainant. Hence, it is alleged that the accused committed the offence. 4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. BA No.4449 of 2025 5 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:28396 ``` 5. Adv. Juanita Roch, the learned counsel appearing for the petitioners, argued the matter in detail. She submitted that, even if the entire allegations are accepted, it is clear that it is a false case foisted against the petitioners. Different contentions on merit are also raised by Adv. Juanita. The counsel submitted that the petitioners are in custody for a long period and the petitioners are ready to abide any condition imposed by this Court, if this Court grant them bail. 6. The Public Prosecutor seriously opposed the bail application. Public Prosecutor submitted that as far as the 1[st] accused/petitioner is concerned, there is criminal antecedents. Public Prosecutor submitted that the allegation against BA No.4449 of 2025 6 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:28396 ``` the petitioners are very serious. He also submitted that the petitioners may not be released on bail. 7. This Court considered the contentions of the petitioners and the Public Prosecutor. It is true that the allegation against the petitioners are very serious. Moreover the 1[st] accused/petitioner is having criminal antecedents also. The main over act is attributed to the 1[st] accused/petitioner. The petitioners were arrested on 25.02.2025. At this stage, the 1[st] petitioner cannot be released on bail. But, considering the facts and circumstances of the case, I think, petitioner Nos.2 and 3 can be released on bail after imposing stringent conditions. Therefore, this Bail Application is allowed in part. Bail application of the 1[st] petitioner is BA No.4449 of 2025 7 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:28396` rejected. Bail application of the 2[nd] and 3[rd] petitioners are allowed with the following conditions. _1. Petitioners 2 and 3 shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court._ _2. The petitioners 2 and 3 shall appear_ _before the Investigating Officer for interrogation as and when required. They shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the_ BA No.4449 of 2025 8 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:28396 ``` _case so as to dissuade him from disclosing such facts to the Court or to any police officer._ _3. Petitioners 2 and 3 shall not leave India without permission of the jurisdictional Court._ _4. Petitioners 2 and 3 shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected._ _5. Petitioners 2 and 3 will appear before the Investigating Officer on all Mondays at 10.00 AM till final report is filed._ _6. The observations and findings in this order is only for the purpose of_ BA No.4449 of 2025 9 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:28396 ``` _deciding this bail application. The principle laid down by this Court in_ _**Anzar Azeez v. State of Kerala**_ _[2025 SCC OnLine KER 1260] is applicable in this case also._ _7. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance_ `w` _ith law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above condition._ nvj **Sd/P.V.KUNHIKRISHNAN JUDGE**