Shamnas vs State Of Kerala

Shircy V, J

Application for pre-arrest bail filed by the sole accused in Crime No.79/2021 of Pandinjarethara Police Station, Wayanad District registered for the

offences punishable under Sections 363 and 366 of the Indian Penal Code.

The prosecution allegation is that on 25.03.2021, the petitioner had kidnapped the daughter of the defacto complainant, a minor child aged only 16

years from her lawful custody under a false promise to marry her and thereby committed the aforesaid offences.

According to the learned counsel for the petitioner, the mother of the defacto complainant was intending to give the minor child in marriage with a

man who approached her for his second marriage. Since it was resisted by the daughter of the defacto complainant it was not materialized but on

25.03.2021 again she had made an attempt to give her in marriage with a person, who is aged 47 years. When the petitioner, who is a neighbour of the

defacto complainant heard the hue and cry of the minor child from the residence of the defacto complainant, he along with his mother rushed to her

house and called the ward counsellor and the other respectable members of the locality to intervene in the issue. Infuriated by the same the defacto

complainant has falsely implicated this petitioner in this case alleging that he had attempted to kidnap her minor child from her lawful custody and thus

the case has been falsely registered against him. In fact, he has only saved and helped the minor child to avoid her marriage with a person aged 47

years, who had the intention to marry her as his second wife. But he apprehends arrest on the false complaint registered against him at the instance of

the mother of the minor child. Hence this petition.

According to the learned Public Prosecutor, the allegations levelled against this petitioner are absolutely correct and his intention was to abduct the

minor child from her lawful custody. Of course at the instigation of this petitioner, she made a written submission before the police alleging that he has

not committed any offence as alleged by the prosecution. But as the same was written by a minor child that too under compulsion it has to be ignored

in toto. It is also pointed out by the learned Public Prosecutor that this petitioner is having very bad criminal background and the people in that locality

had submitted a mass petition against him as he is indulging in illegal activities. With this submission, the application is opposed by the learned Public

Prosecutor.

Of course the allegations levelled against the petitioner are grave and serious in nature but, on going through the materials on record it appears that

there is no strong prima facie case against this petitioner as such. The minor child has no grievance against the petitioner, as revealed from her

submission before the police. But it is true that the investigation of the case is only in the preliminary stage. Moreover, though the learned Public

Prosecutor has submitted that this petitioner is having criminal backgrounds, it is fairly admitted that no criminal case has been registered against this

petitioner, except this case. As the investigation of the case is well in progress, I think that this petition can be disposed of directing him to surrender

before the Investigating officer for interrogation on 28.07.2021 at 11.00 a.m. Upon such surrender, after recording his arrest and interrogation he

shall be released on bail subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to

the satisfaction of the investigating officer .

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) He shall co-operate with the investigation and trial of the case.

(iv) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.