Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Ajmal vs State of Kerala

AJMAL vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Nov 30, 2020
~3 min read
https://sooperkanoon.com/case/1824612

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./7927/2020

Parties & Advocates

Appellant / Petitioner

AJMAL

Respondent

State of Kerala

Excerpt

.....kuruppampady police station, for having allegedly committed offences punishable under sections 120b, 365, 368 and 395 of the ipc.2. the prosecution case, in brief, is that the first accused had some business transactions with the brother of the defacto complainant and certain amounts were owed by him to the first accused. the first accused contacted the applicant and arranged a quotation to kidnap the defacto complainant for the purpose of extortion and robbery and in the prosecution of that conspiracy, the applicant along with the others made arrangements to watch the movements of the defacto complainant and on 30.10.2020 at about 3.10 p.m, at cherukunnam vaikkara road, he waswaylaid by accused nos.1 to 7, kidnapped and taken to another place from where he was robbed of rs.3,50,000/- which was kept in the dashboard of the car and he was also made to sign several cheques for rs.4,50,000/-. that apart three stamp papers were also executed.3. the applicant states that he is innocentand the allegations are not true and that he has got no active involvement in the alleged crime. therefore, he may be granted bail since he had been arrested on 02.11.2020 and continues to be in custody.4. heard the learned counsel for the applicant and the learned public prosecutor.5. the learned prosecutor points out thatthe applicant is a person having previous criminal antecedents. it is also pointed out that some of the accused persons involved in this crime are yet to be apprehended. release ofthe applicant at this stage of investigation would adversely affect the investigation and therefore, the application for bail is vehemently opposed by the learned publicprosecutor.6. after having heard the submissions on either side, i find that the applicant has been in custody only since 02.11.2020. the investigation is still at a nascent stage and the allegations are.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, CRIME NO.1080/2020 OF Kuruppampady Police Station, Ernakulam PETITIONER/S: AJMAL AGED 28 YEARS SON OF MEERAN,PAZHAMBILLY HOUSE, PANACHIYAM KARA,ASAMANNOOOR VILLAGE ERNAKULAM BY ADV. SRI.AJEESH M UMMER RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 30th day of November 2020 Application for regular bail under Section 439 Cr.P.C. The applicant is the 8th accused in Crime No. 1080/2020 of Kuruppampady Police Station, for having allegedly committed offences punishable under Sections 120B, 365, 368 and 395 of the IPC.

2. The prosecution case, in brief, is that the first accused had some business transactions with the brother of the defacto complainant and certain amounts were owed by him to the first accused. The first accused contacted the applicant and arranged a quotation to kidnap the defacto complainant for the purpose of extortion and robbery and in the prosecution of that conspiracy, the applicant along with the others made arrangements to watch the movements of the defacto complainant and on 30.10.2020 at about 3.10 p.m, at Cherukunnam Vaikkara road, he was

waylaid by accused Nos.1 to 7, kidnapped and taken to another place from where he was robbed of Rs.3,50,000/- which was kept in the dashboard of the car and he was also made to sign several cheques for Rs.4,50,000/-. That apart three stamp papers were also executed.

3. The applicant states that he is innocent

and the allegations are not true and that he has got no active involvement in the alleged crime. Therefore, he may be granted bail since he had been arrested on 02.11.2020 and continues to be in custody.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. The learned prosecutor points out that

the applicant is a person having previous criminal antecedents. It is also pointed out that some of the accused persons involved in this crime are yet to be apprehended. Release of

the    applicant       at    this        stage    of    investigation
would       adversely       affect       the     investigation         and
therefore,          the      application             for     bail       is
vehemently         opposed      by         the       learned      Public

Prosecutor.

6. After having heard the submissions on either side, I find that the applicant has been in custody only since 02.11.2020. The investigation is still at a nascent stage and the allegations are very grave. Kidnapping and dacoity are the offences alleged against the

accused. Some of the accused are yet to be apprehended. The release of the applicant who had allegedly taken contract of quotation for the first accused for committing the crime is to be viewed very seriously. An offence committed for remuneration is one of the worst forms of crimes and has to be viewed separately. Under these circumstances, the applicant is not entitled to get bail at this stage of investigation and the application is therefore dismissed. Sd/- ASHOK MENON JUDGE SPK

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial