BA No.4449 of 2025 1 2025:KER:28396 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4449 OF 2025 CRIME NO.253/2025 OF VADAKKANCHERRY POLICE STATION, PALAKKAD PETITIONER(S)/ACCUSED NO.1 TO 3: 1 THAJUDEEN AGED 36 YEARS, S/O MAYIN KUTTY, R.V. PUDUR ROAD, KOZHINJAMPARA P.O, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PALAKKAD, PIN – 678555 2 MANOJ AGED 36 YEARS, S/O MANOHARAN, AALAMPADI HOUSE, KOZHINJAMPARA P.O, VALIYAPALLAMPATHI VILLAGE, CHITTUR TALUK, PALAKKAD, PIN – 678 555 3 SABEER AGED 36 YEARS, S/O KAMALUDHEEN, PAZHANIYAR PALAYAM, PAZHANIYAR PALAYAM P.O, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PALAKKAD., PIN – 678 555 BY ADVS. CIMIL CHERIAN KOTTALIL MINTU CHERIYAN JUANITA ROCH ANAMIKA P S BA No.4449 of 2025 2 2025:KER:28396 RESPONDENT ( S )/COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 2 STATION HOUSE OFFICER THE INSPECTOR OF POLICE VADAKKANCHERY POLICE STATION, PIN - 680584 BY ADV. : SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.4449 of 2025 3 2025:KER:28396 P.V.KUNHIKRISHNAN, J. ------------------------------------------- BA No.4449 of 2025 -------------------------------------------- Dated this the 03rd day of April, 2025 O R D E R This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 2. The petitioners are accused Nos.1 to 3 in Crime No.253/2025 of Vadakkancherry Police Station, Palakkad. The above case is registered against the petitioners alleging offences punishable under Sections 118(2), 109(1), 140(1) r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that, on BA No.4449 of 2025 4 2025:KER:28396 23.02.2025 at 21.00 hours, the accused, in furtherance of their common intention, abducted the defacto complainant from Ambattuparambu in Vadakkancherry in a Wagan R car with intention to murder him. They sprinkled chilli powder on his face and forcefully pushed him into the car. They shouted threats to kill him with a steel pipe. Accused No.1 voluntarily caused hurt to him by beating him on the back of his head. Accused Nos.1 and 2 beat on his left hand and on the varioius parts of his body, kicked him and inflicted injuries to him. Thereafter the accused abandoned the defacto complainant. Hence, it is alleged that the accused committed the offence. 4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. BA No.4449 of 2025 5 2025:KER:28396 5. Adv. Juanita Roch, the learned counsel appearing for the petitioners, argued the matter in detail. She submitted that, even if the entire allegations are accepted, it is clear that it is a false case foisted against the petitioners. Different contentions on merit are also raised by Adv. Juanita. The counsel submitted that the petitioners are in custody for a long period and the petitioners are ready to abide any condition imposed by this Court, if this Court grant them bail. 6. The Public Prosecutor seriously opposed the bail application. Public Prosecutor submitted that as far as the 1st accused/petitioner is concerned, there is criminal antecedents. Public Prosecutor submitted that the allegation against BA No.4449 of 2025 6 2025:KER:28396 the petitioners are very serious. He also submitted that the petitioners may not be released on bail. 7. This Court considered the contentions of the petitioners and the Public Prosecutor. It is true that the allegation against the petitioners are very serious. Moreover the 1st accused/petitioner is having criminal antecedents also. The main over act is attributed to the 1st accused/petitioner. The petitioners were arrested on 25.02.2025. At this stage, the 1st petitioner cannot be released on bail. But, considering the facts and circumstances of the case, I think, petitioner Nos.2 and 3 can be released on bail after imposing stringent conditions. Therefore, this Bail Application is allowed in part. Bail application of the 1st petitioner is BA No.4449 of 2025 7 2025:KER:28396 rejected. Bail application of the 2nd and 3rd petitioners are allowed with the following conditions. 1. Petitioners 2 and 3 shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. 2. The petitioners 2 and 3 shall appear before the Investigating Officer for interrogation as and when required. They shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the BA No.4449 of 2025 8 2025:KER:28396 case so as to dissuade him from disclosing such facts to the Court or to any police officer. 3. Petitioners 2 and 3 shall not leave India without permission of the jurisdictional Court. 4. Petitioners 2 and 3 shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. 5. Petitioners 2 and 3 will appear before the Investigating Officer on all Mondays at 10.00 AM till final report is filed. 6. The observations and findings in this order is only for the purpose of BA No.4449 of 2025 9 2025:KER:28396 deciding this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also. 7. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance with law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above condition. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE