SHIHABUDHEEN K. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 439 of Cr.P.C seeking regular bail.

(2.) The petitioner is the 1st accused in crime No.379 of 2020 of Muvattupuzha Police Station for having allegedly committed offences punishable under sections 364A , 341 , 342 , 323 , 294(b) , 506(ii) read with Section 34 of the Indian Penal Code.

(3.) The prosecution case in brief is that, the petitioner had in furtherance of common intention with the other accused totaling 9 in number kidnapped the brother of the defacto complainant with the intention of demanding ransom, took him to the place and wrongfully restrained him and thereafter assaulted him severely causing injuries to him and also intimidated him and thereby committed the offence. The petitioner stated that he is innocent, he is an NRI working abroad and that the brother of the defacto complainant owes huge amounts of money to him and certain persons agreed to approach the defacto complainant's brother for the purpose of settling the financial dispute with the petitioner and it is only the said amount actually due from him that was demanded and it cannot be termed as a ransom for releasing to the petitioner. Whatever it may be, the fact that the defacto complainant was allegedly kidnapped and then thereafter coerced to pay some amount would definitely be construed as ransom, though that may be an amount which is legally due to the petitioner.