Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.563 of 2013 of Kadakkavoor Police Station, registered for the offences punishable under Sections 363, 342, 506(ii) and 395 IPC.
3. The allegation against the petitioner and the other accused is that on 21.07.2013 at 6.00 a.m., they abducted the defacto complainant and by confining him wrongfully, he was severely beaten up and was subjected to all sorts of severe tortures using deadly weapons. Such tortures continued for several days. He was subjected to dacoity. His mobile phone worth ₹10,000/-, gold ring and chain worth ₹20,000/- and an amount of ₹1,700/- were snatched away. Apart from causing injury by fisting and kicking, even burn injuries were also inflicted. The petitioner was absconding and he surrendered on 17.09.2014.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The investigation of this case is over and the Final Report has been filed as against A2 to A5 in the case. A1 is still absconding. The learned Public Prosecutor has reported that the petitioner is a habitual offender and dare criminal involved in series of serious criminal cases. It has been reported that the petitioner is the accused in following cases registered at Kadakkavoor and Anchuthengu Police Stations:
(1) Cr.No.254/11 U/s.341, 323, 324, 506(ii) & 34 IPC.
(2) Cr.No.576/11 U/s.468, 471 & 420 IPC.
(3) Cr.No.227/12 U/s.341, 294(b), 323, 324, 506(i) & 34 IPC.
and
(4) Cr.No.262/12 U/s.341, 294(b), 324, 427, 307 & 34 IPC of Anchuthengu Police Station and
(5) Cr.No.89/09 U/s.143, 147, 148, 149, 294(b), 323, 324 & 307 IPC.
(6) Cr.No.668/11 U/s.143, 147, 148, 149, 324 & 308 IPC.
(7) Cr.No.855/11 U/s.143, 147, 148, 149, 506(ii), 324, 326 & 307 IPC.
(8) Cr.No.563/13 U/s.363, 342, 506(ii) & 395 IPC.
and
(9) Cr.No.825/14 U/s.452, 506(ii) & 34 IPC of Kadakkavoor Police Station.
It has come out that the petitioner is a dare criminal. Considering the series of serious criminal antecedents on his part, I am satisfied that the petitioner is not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/09/12 // True Copy // P.A. To Judge