ASWAIN T. ANAND Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are arrayed as accused no. 2 and 3 in crime No.603/2018 of Malampuzha Police Station, for offences punishable under Sections 363 , 395 and 506(ii) of IPC.

(2.) The allegation of the prosecution is that on 9.9.2018 at 9.45 p.m, while the defacto complainant was returning in a car, the petitioners along with the co-accused intercepted and assaulted him with a bottle. They demanded a ransom of Rs.5 lakhs and abducted him to a distant place. They robbed Rs.8,000/- from the complainant and Rs.19,000/- from his friend along with their mobile phones. The petitioners are in custody since 6.10.2018.

(3.) The learned Public Prosecutor, who opposed the application, submitted that the allegations against the petitioners are very serious. It was also reported that all the accused have got very bad criminal antecedents. It was pointed out that the petitioners herein are involved in one case each. The fourth accused is involved in 3 cases, the fifth accused in 2 cases, sixth accused in 7 cases and seventh accused in 11 cases. Definitely, the allegation against the petitioners is very serious and they were keeping company with known criminals. However, having considered the fact that the petitioners are involved only in one case each and the duration of their detention, I feel that they have to be distinguished from the other co-accused, have serious criminal antecedents.