IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7613 of 2008()
1. SHIJU.I.S., 32 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SHO,
... Respondent
For Petitioner :SRI.S.NIRMAL KUMAR
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :19/12/2008
O R D E R
K. HEMA, J.
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B. A. No. 7613 OF 2008
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Dated this the 19th day of December, 2008
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under Sections 511 OF
365, 323 and 324 r/w s.34 of IPC. According to the prosecution
on 24.10.08 A1 to A5 coming in a car abducted defacto
complainant and he was assaulted and thrown out of the vehicle.
This incident occurred, since 6th accused who was on enemical
terms with defacto complainant arranged A1 to 5 to commit
offence. Defacto complainant and 6th accused were friends but
later they fell apart because of a money transaction.
3. The learned counsel for petitioner submitted that
petitioner and defacto complainant are friends, as evidenced by
annexure A2 photograph but name of the petitioner was not
mentioned in the F.I. Statement. Therefore, he may be granted
anticipatory bail, it is submitted. Learned counsel for petitioner
further submitted that offence under Section 365 of IPC will not be
attracted in this case, since there is no confinement as required
B.A.7613/08
: 2 :
under the said provision.
4. Learned public prosecution submitted that defacto
complainant was assaulted by some persons who were not known
to him and that is why their names were not mentioned in the F.I.
Statement. It was only later that he came to know that the 6th
accused was the man behind the incident. Therefore, one cannot
expect mentioning of petitioner’s name in the F.I.S.
5. On hearing both sides, considering nature of
allegations made, I am not inclined to grant anticipatory bail to
accused. Petitioner shall surrender before the Investigation
Officer and co-operate with investigation.
The petition is dismissed.
(K. HEMA, JUDGE)
KMD