Kerala High Court Grants Bail To 22-Yr-Old Woman Accused In Kollam Child Kidnapping Case

The kidnapping of the minor girl for ransom on November 2023 shocked the entire State, with Anupama being named as the third accused in the case. Her parents were arrayed as the first and second accused.

Justice C S Dias allowed the bail application of Anupama and observed thus:

“In the case on hand, as already observed above, there is no doubt that the allegations against the accused are serious and heinous. The petitioner is alleged to have committed the offences along with her parents. Prima facie materials show that the accused are in debt, which has impelled them to commit the above crime. We should be equally mindful that a 22-year-old girl falls within the bracket of 'women' under Sec.437 of the Code. The petitioner has been in judicial custody for the last seven months, the investigation in the case is complete, and Annexure-2 final report has already been filed on 29.1.2024. Admittedly, the petitioner does not have any criminal antecedents.”

The specific allegation was that Anupama and her family were facing a financial crisis and hatched a conspiracy to kidnap the child for ransom. They abducted the child, confined the child in their home and demanded ransom from her parents.

The child was left in Asramam ground in Kollam by the accused fearing the intense and meticulous investigation of the police. A crime was registered against the accused for allegedly committing offences punishable under Sections 120B, 468, 471, 363, 323, 308, 328, 506(ii), 346, 347, 364A, 417 and 201 read with Sec.34 of the IPC and provisions under the Juvenile Justice Act.

The petitioners submitted that the final report indicates overacts committed by Anupama's parents and contended that she was innocent. It was submitted that the High Court had previously allowed Anupama to pursue a law degree and that she sought bail on the grounds that the investigation was complete, and she had been in judicial custody for over seven months.

Contrary to this, the ADGP opposed the bail application and argued that Anupama was the kingpin of the crime. It was stated that she had planned the entire kidnapping to make money. It was alleged that the petitioner who was also a YouTuber had active participation in the crime that shocked the entire State.

The Court found that the allegations against the accused were grave and serious. Relying upon the final report of the police, the Court noted that the first accused allegedly drove the car and the second accused pulled the victim into it. The Court found that the allegation against Anupama was that she hit on the hands of the victim's brother. The Court also observed that the investigation was complete and she was in judicial custody since December 2023.

The High Court referred to Satender Kumar Antil v. CBI and another (2022), where the Apex Court laid down that bail applications of women have to be considered with sensitivity.

The Court referred to Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh (2024) which laid down that the accused was entitled to speedy trial and bail cannot be denied stating that the offence was serious when the accused was in judicial custody for a long time.

Accordingly, the Court allowed the bail application.

Counsel for Petitioner: Advocates Suman Chakravarthy, V.Renjith Shankar, Shiju Abraham Verghis, Prabhu Vijayakumar, Brejitha Unnikrishnan

Counsel for Respondents: Senior Public Prosecutor C K Suresh, ADGP Grashious Kuriakose

Citation: 2024 LiveLaw (Ker) 488

Case Title: Anupama Padmakumar v State of Kerala

Case Number: BAIL APPL. NO. 4975 OF 2024

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