IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 1^ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 BAIL APPL. NO. 2539 OF 2022 PETITIONER:

VISHNU AGED 34 YEARS SON OF UNNIKRISHNAN, CHAKKANDA HOUSE, NENMINI DESOM, THAIKKADU VILLAGE, PIN - 680104 BY ADVS.

JITHIN BABU A ARUN SAMUEL RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT. SEETHA .S. (SR.PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 1^ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 BAIL APPL. NO. 2583 OF 2022 PETITIONERS:

1 SHEFEEK AGED 30 YEARS SON OF RASHEED, KOLOTHUPARAMBIL HOUSE, THAAIKKATU DESOM, PIN - 680104

2 SREEKUMAR AGED 28 YEARS SON OF CHANDRAN, ENGADI HOUSE, NENMINI DESOM, THAIKKATTU VILLAGE, PIN - 680104

3 SIVADASAN AGED 32 YEARS SON OF UNNIKRISHNAN, CHAKKANDA HOUSE, NENMINI DESOM, THAIKKATTU VILLAGE, PIN - 680104 BY ADVS.

JITHIN BABU A ARUN SAMUEL RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SRI. M.C. ASHI (PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

01.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioners in these cases are the accused in Crime No.190/2022 of Kaipamangalam Police Station, Thrissur district alleging commission of offences under Sections 364A, 323, 324, 506(i) r/w 34 of the Indian Penal Code.

2. The allegation against the petitioners is that, on

21.02.2022 at about 4.00 PM, the petitioners along with the other accused abducted the son of the defacto complainant in a car and confined him and voluntarily caused hurt to him and demanded ransom and they thereby they committed the offences alleged against them.

3. The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that petitioners are not named in the FIR or in the FIS. It is submitted that the petitioners have been falsely implicated. It is submitted that even assuming that the prosecution case is true, the only allegation is that the petitioners were present at the time when the son of the defacto complainant was abducted. It is submitted that no direct role is attributed to the petitioners. It is submitted that the petitioners in B.A. No.2539/2022 and 3^rd petitioner in B.A. No,.2583/2022 were arrested on 10.03.2022 while the other petitioners in B.A. No.2583/2022 were arrested on 08.03.2022.

4. The learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that all the petitioners had serious criminal antecedents. It is submitted that accused Nos.4 and 5 are accused in a case alleging commission of offence punishable under section 302 of the IPC. It is submitted that the other petitioners are also accused in various criminal cases. The bail application is therefore opposed on the ground that the petitioners have criminal antecedents.

5. The learned counsel for the petitioners with reference to order of this Court in B.A. No.2308/2022 would submit that accused Nos.1 and 2 in the case who played a major role in the matter, even according to the allegations in the FIS, have already been granted bail by this Court.

5. Having heard the learned counsel for the petitioners and the learned Public Prosecutor and having perused the order of this Court in B.A, No. 2308/2022, I am inclined to allow these applications.

6. In the result these bail applications are allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

(i) Petitioners shall execute separate bonds for sums of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the invest