SHINTO MARTIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in Crime No.946 of 2021 of Nedumbassery Police Station alleging commission of offences under Ss. 294(b), 387 and 506 r/w 34 of IPC. The allegation against the petitioner is that on 12/11/2021 at about 3 pm, the petitioner, along with the 1st accused entered the Kabani Bar at Nayathodu and attempted to extort money and liquor by threatening the Manager of the Bar. It is alleged that the petitioner and the 1st accused compelled the Manager of the Bar to speak with accused No.3, who demanded payment of an amount of Rs.1,00,000.00 from the Manager of the Kabani Bar.

(2.) The learned counsel for the petitioner submits that the entire case was cooked up owing to a dispute between the first accused and a bearer in the Bar. It is submitted that no such incident of extortion has taken place and following an altercation with the staff of the Bar Hotel, petitioner had left the place. It is submitted that the petitioner has been in custody from 12/11/2021 and had therefore completed 55 days in custody as on date. It is also submitted that further detention of the petitioner is not necessary for the purpose of investigation of the case.

(3.) Learned Public Prosecutor, on instructions, submits that the petitioner/2nd accused had accompanied the first accused to the Bar and had attempted to extort money and liquor from the Manager of the Bar. It is also submitted that all the accused in the case including the petitioner herein have criminal antecedents.