BASHEER N.K. @ NARAYANKODYU BASHEER Vs. STATE

JUDGEMENT

(1.) This application is filed by the petitioner who is the 4 th accused involved in Crime No.634 of 2018 of Mananthavady Police Station. He is allegedly involved in commission of offences punishable under Sections 323, 324, 342, 364(A), 506(1), 120(B) and Section 395 r/w Section 149 IPC.

(2.) The allegation of the prosecution was that on 16.7.2017 the petitioner along with accused Nos.1 to 3 abducted the de facto complainant from Boys Town Thalppuzha, to a place called Kutta and confined him in a house situated therein. Accused Nos.5 and 6 beat him with sticks, hands and cables and thus caused hurt. Further allegation was that the accused made the de facto complainant to stand near a bag containing ganja and took photographs. The 7th accused obtained cash worth Rs.1,50,000/- from a friend of the de facto complainant and also robbed Rs.10,000/- from the pocket of the de facto complainant. He also threatened the de facto complainant that he would be arayed as an accused in a case involving an offence under the NDPS Act, if he failed to part with Rs.5 lakh, towards the balance ransom amount. Based on the allegations set forth in the form of FIS, the Crime in question was registered. The investigation was proceeded with and in the meantime the petitioner was arrested on 25.07.2018. Bail applications were moved before the Judicial First Class Magistrate - II, Mananthavady and Court of Sessions, Kalpetta, Wayanad and those were rejected by the respective courts. In the aforesaid circumstances, the petitioner has approached this court seeking bail.

(3.) Sri.Abdurahiman Vayalil Peedakayil, the learned counsel for the petitioner has submitted that the allegations of the prosecution are devoid of basis. According to him, acts alleged are improbable to happen. Drawing the attention of the court to a wedding card, it is submitted by the learned counsel that the marriage of the daughter of the petitioner is scheduled to be conducted on 09.09.2018 and his presence is very much required there for the day. Accordingly, the counsel pleaded for enlarging the petitioner on bail.