Petitioners are accused Nos.3 and 4, in Crime No.168 of 2014 of the Thamarassery Police Station for the offences punishable under Secs.143, 147, 367, 325 and 307 r/w Sec.149 of the Indian Penal Code, are in custody from 01.05.2014 and seeks bail.
2. It is submitted that on 28.02.2014 at about 11.30 p.m, the petitioner and others kidnapped the de facto complainant who is a business man abroad while he was travelling in a car and demanded `5,00,000/- as ransom.
3. I have heard the learned counsel for the petitioners also.
4. Having regard to the nature of allegations made against the petitioners, since they are in custody from 01.05.2014, they are not reported to be involved in any other case from the Thamarassery Police Station and since further detention is not required for investigation, I am inclined to grant relief but subject to conditions to prevent recurrence of such incidents in future.
Resultantly this application is allowed as under:
I Petitioners are granted bail in Crime No.168 of 2014 of the Thamarassery Police Station and shall be released, if not required to be detained otherwise on their executing bond for `25,000/- (Rupees Twenty Five Thousand Only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioners.
(b) Petitioners shall surrender their passports before the learned magistrate while executing the bail bond and in case they have none, file affidavit to that effect.
(c) In case the petitioners surrender the passport as aforesaid and it is required to be returned, appropriate application for that may be preferred before the learned magistrate who shall decide the matter.
(d) Petitioners shall report to the Officer investigating Crime No.168 of 2014 of the Thamarassery Police Station on every Saturday between 10 a.m and 12 p.m until filing of the final report.
(e) Petitioners shall report to the Investigating Officer as and when directed for interrogation.
(f) Petitioners shall not, during the period of this bail get involved in any offence.
(g) Petitioners shall not intimidate or influence the witnesses.
(h) In case of violation of any of condition Nos.(d) to (g), bail granted hereby is liable to be cancelled by moving application before the learned magistrate until committal if any and thereafter before the learned Principal Sessions Judge as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge