High Court Kerala High Court

Sasindra Babu vs The State Of Kerala Represented By … on 26 November, 2008

Kerala High Court
Sasindra Babu vs The State Of Kerala Represented By … on 26 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7109 of 2008()


1. SASINDRA BABU, S/O VELUPPILLAI, SANDHYA
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.C.R.SIVAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :26/11/2008

 O R D E R
                             K.HEMA, J.

                 -----------------------------------------
                        B.A.No. 7109 of 2008
                 -----------------------------------------

              Dated this the 26th November, 2008

                              O R D E R

This petition is for anticipatory bail.

2. The alleged offence is under Section 306 of the Indian

Penal Code. According to prosecution, deceased Sasidharan

committed suicide by consuming poison. Petitioner has abetted him

to commit suicide. Therefore, offence under Section 306 was

included.

3. Learned counsel for petitioner submitted that petitioner is

absolutely innocent of the allegations made. As per the FIR in this

case, deceased was talking to his wife and daughter and

immediately thereafter, he went inside the house and consumed

poison. No allegation was made in FIR that the petitioner abetted

him to commit suicide. The present allegation is made at the

belated stage and petitioner is innocent.

4. This petition is strongly opposed. Learned Public

Prosecutor submitted that petitioner is involved in similar crimes.

In the year 1995, proceedings under Section 107 were also initiated

against him. Petitioner is a financier, who lends money to people

and commit similar offences. The present allegations against

petitioner were brought to the notice of the police only when wife

BA.7109/08 2

and child of the deceased were questioned. It is revealed that

petitioner had gone to the house of deceased on the previous day

and removed valuables like T.V, V.C.R etc. and also threatened

deceased to quit the house. He had also told him to consume poison

and kill himself, if he could not pay the money. It is also submitted

that the charge sheet has already been submitted and petitioner

has not so far made himself available for investigation. The crime

was registered as early as on 2.2.2002 and charge sheet was laid

in the year 2003 itself. For the past five years, he has been

absconding and the matter is pending before the committal court in

C.P.No.138/2003. Petitioner is an absconding accused and hence, it

is not a fit case to grant anticipatory bail, it is submitted.

On hearing both sides, from the facts revealed from the

submissions made by the learned Public Prosecutor, I find that

petitioner is wanted for the proceedings in C.P.No.138/2003 and

for the past five years he has been absconding. Considering the

nature of allegations made in this case also, it is not a fit case to

grant anticipatory bail. I also find that a petition was filed as

Crl.M.C.No.531/2004 before this Court to quash final report, but it

was dismissed as withdrawn, when the court was not inclined to

allow the petition.

BA.7109/08 3

Petitioner shall surrender before the

Magistrate Court concerned without any delay

and co-operate with the committal proceedings.

Whether he surrenders or not, police is at liberty

to arrest petitioner at any time and proceed in

accordance with law.

With this direction, petition is dismissed.

K.HEMA, JUDGE
vgs.