SABITH N. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application for anticipatory bail filed by the 7th accused in Crime No.627 of 2022 of Thamarassery Police Station, Kozhikode.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.

(3.) The prosecution case is that while the defacto complainant was going to his house after closing his shop at Mukkam at about 9.45 p.m on 22/10/2022, on his scooter bearing Registration No.KL 57 R 5239 and when he reached Vezhupura, a TATA Sumo bearing Registration No.KL-11-AM-9578 came from behind restrained the scooter. Thereafter, 4 persons forcefully kidnapped him and took him into the TATA Sumo car. Inside the TATA Sumo car, one more person also was sitting on the back seat. Another Swift car also followed the Sumo car along with some persons. After moving the vehicle for a while, the defacto complainant was taken in a Thar Jeep by one Ali Ubairan, who is familiar to the defacto complainant along with 3 other persons, who were not known to the petitioner. Thereafter he was taken inside the Thar Jeep, after covering his eye, to a distant place. After running for about 6 hours, he was taken to a house and removed the covering on his eyes. Thereafter they manhandled him and demanded to tell one Lijas to give money. Later it was understood that Ali Ubairan kidnapped him with intention to get money from Lijas. The further allegation is that he was dropped at a place not known to the defacto complainant after robbing Rs.7,000.00 from his purse and also after taking his mobile phone worth Rs.70,000.00. This is the base on which the prosecution alleges commission of offences punishable under Ss. 364(A), 395, 341, 342, 323, 120 (B) r/w 34 of the Indian Penal Code.