Petitioner accused of committing the offence of extortion was granted anticipatory bail on some condition: High Court of Kerala
Petitioner who is accused of extorting money from the complainant was granted anticipatory nail as his custodial interrogation is not necessary for the proper investigation into the crime and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of NUJUMUDEEN.M v. STATE OF KERALA (BAIL APPL. NO. 2023 OF 2022) on 7th April, 2022.
Facts of the case are that allegation against the petitioners is that owing to the animosity arising out of the fact that the de facto complainant refused to clear certain liabilities with the 1st accused, he along with the other accused in the case, wrongfully confined the son of the de facto complainant on 05- 02-2022, extorted an amount of Rs.30,000/- from him, assaulted him and took possession of his vehicle and forcefully obtained signed cheque leafs, signed blank stamp papers and other papers by putting him in fear of grievous hurt and death and thereby they committed the offences alleged against them.
Learned Petitioner’s counsel submitted that that the allegations have been raised in order to escape from the liability arising out of the financial transactions. He submitted that the Crime was registered only on 04-03-2020 with a delay of nearly 28 days, after the date of the incident. He pointed out that the allegations are false and that at any rate and the custodial interrogation of the petitioners is not necessary for the proper investigation into the crime.
Public Prosecutor pointed out that the offence of extortion is a serious offence and there are clear allegations which indicate that the petitioners have committed the offence of extortion. He submitted that the petitioners are not entitled to be released on bail at present and the recovery is yet to be effected.
In view of the facts and circumstances of the case and considering the nature of the allegations, Court held that the petitioners can be granted anticipatory bail subject to conditions – Petitioners shall execute separate bonds for sums of Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, shall appear before the investigating officer whenever called upon and shall not involve in any other crime while on bail.
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Judgment reviewed by – Amit Singh