Petition filed under Section 438 Cr.P.C.
2. Petitioner is the 3rd accused in Crime No.926 of 2014 of the Nadapuram Police Station, registered for the offences punishable under Sections 363, 364 A, 323, 324 and 506(i) read with Section 34 IPC.
3. The defacto complainant had purchased a car from the 1st accused, for which amounts were due from the defacto complainant to the 1st accused. As the amount was not paid, the 1st accused and his associates including the petitioner had allegedly abducted the defacto complainant at 7.00 a.m. on 04.11.2014 and forcibly took him to Payyambalam at Kannur by car bearing registration No.KL- 41-C-6066. He was severely beaten up with the hands as well as the weapons. He was taken to a lodge, wherein he was confined and was beaten up.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the CD.
5. The contents of the CD prima facie reveal the complicity of the petitioner. The allegations against the petitioner are very grave and serious. Considering the seriousness of the allegations against the petitioner and the present stage of the investigation, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioner.
6. The learned counsel for the petitioner seeks for an opportunity to the petitioner to surrender before the investigating officer and to co-operate with the investigation.
In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
DSV/17/12 Sd/-
B. KEMAL PASHA JUDGE // True Copy // P.A. To Judge