Ker HC | Accused not to be incarcerated merely because of criminal antecedents; bail granted

Kerala High Court

Kerala High Court: Ashok Menon, J., allowed the bail application of the applicant-accused in connection with the FIR registered for offences punishable under Sections 365, 323, 324, 342, 506(ii), 34 of Penal Code, 1860 and Section 27 of the Arms Act.

The facts of the case are such that the applicant kidnapped and assaulted the victim because of some personal enmity on 29-05-2020. The act included the applicant kidnapping the victim on a motorcycle and then taking him to a rented house and then assaulting him with a sword-like weapon.

The counsel for the respondent, Amjad Ali while opposing the bail has argued that the applicant is part of a larger notorious gang having 11 cases registered against them under the IPC. The applicant has also been tried twice under the provisions of the KAAPA. Given the fact that there are criminal antecedents and the other co-accused are at large, the present application, if allowed would act as a roadblock in the investigation. There’s also a chance that the applicant might abscond or tamper with the witnesses.

On careful perusal of the facts, circumstance and the arguments advanced the Court observed that the victim has not been subjected to any grievous hurt and that there’s no offence under Sections 307 and 308 IPC. The primary offence is of kidnapping which carries a term of maximum seven years. It wouldn’t be correct to incarcerate the applicant and deny him bail solely based on the reason that he has a past criminal record and that the co-accused have not been apprehended.

In view of the above, the application for bail was allowed in favour of the applicant. [Ansab v. State of Kerala, 2020 SCC OnLine Ker 3299, decided on 17-08-2020]

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