JAYAN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioner who is the 2nd accused respectively in Crime No.281/2006 of Viyyur Police Station for offences punishable under secs.143, 147, 148, 302 and 201 r/w. sec.149 I.P.C., seeks his enlargement on bail. The occurrence took place on 23.7.2006. The petitioner was arrested on 15.8.2006.

(2.) The learned Public Prosecutor opposed the application.

(3.) What is revealed by the investigation thus far conducted by the police is the following:- 18 year old Jindo who was a student of Polytechnic was abducted by a gang consisting of five persons including the petitioner herein and kept under wrongful confinement for the purpose of claiming ransom from his father. The boy was missing from 23.7.2006 onwards and originally Vaikom Police had registered a case as Crime No.570/2006 under the caption "man missing". The boy was heavily drugged by mixing Nitravate in his food and kept under wrongful restraint in the unfinished house of one Rajesh at Parathodu. Subsequently the boy somehow or other attempted to escape from there. He was captured and strangulated and smothered and subsequently drowned to death by forcibly immersing him in a thodu after tying a rope around his neck. Thereafter with a view to destroy the evidence of commission of offence, the dead body of the boy was buried in the aforesaid unfinished house. Even though all the five culprits have been arrested, the investigation of the case is not yet complete. Moreover, enlargement of the petitioner at this stage will not only hamper the smooth investigation of the case, but there is also the sure possibility of the accused fleeing from justice. Under these circumstances I am not inclined to grant bail to the petitioner. This petition is accordingly dismissed.