High Court Kerala High Court

Hamzakutty vs State Of Kerala on 20 July, 2010

Kerala High Court
Hamzakutty vs State Of Kerala on 20 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3431 of 2010()


1. HAMZAKUTTY,S/O.MOIDUTTY,MUKUNDATHIL
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY SUB INSPECTOR OF
                       ...       Respondent

                For Petitioner  :SRI.K.I.SAGEER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :20/07/2010

 O R D E R
                                 K.HEMA, J
                            -----------------------
                        B.A No.3431 OF 2010
                        --------------------------------
                  Dated this the 20th day of July 2010

                                   ORDER

This petition is for anticipatory bail.

2. The alleged offences are under Sections 395, 363 r/w 34 of

IPC. According to prosecution, de facto complainant owes some

money to first accused. To procure this money, first accused

abducted de facto complainant in a car and thereafter, the other

accused joined him and assaulted de facto complainant. Two of the

accused went to the house of de facto complainant, and got

Rs.22,000/- from his wife by force. The incident happened on

01/06/2005 at about 11 a.m.

3. According to Learned counsel for petitioner, petitioner is

innocent of the allegations made. He was only standing in front of a

hospital from where, the de facto complainant was allegedly

abducted. It is true that there was some money transaction between

the two, but, not incident as alleged happened. Learned counsel for

petitioner also submitted that petitioner was not aware of the

proceedings initiated against him. He is prepared to surrender

before the trial court.

4. This petition is opposed. Learned Public Prosecutor

submitted that the crime is of the year 2005. The case is not

disposed of so far. Allegations made against the petitioner are

B.A No.3431 OF 2010 2

serious in nature. Petitioner was absconding for the past five years

and he is sought to be arrested as per a warrant issued in the

committal proceedings.

5. On hearing both sides, I do not find that this is a fit case

to grant anticipatory bail. Petitioner apprehends arrest only

because of a warrant issued from the Magistrate Court. The crime

is of the year 2005 and in spite of expiry of five years, petitioner

has not co-operated with investigation or trial. There is no case

that the warrant is issued illegally. In such circumstances, I am not

inclined to interfere with the proceedings of trial Court by granting

anticipatory bail. Petitioner shall surrender before the trial court

without any delay.

Petition is dismissed.

vdv                                            K.HEMA, JUDGE