IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6789 of 2008()
1. A.K.MANOHARAN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.MOHAN JACOB GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :11/11/2008
O R D E R
K.HEMA, J.
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B.A.No. 6789 of 2008
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Dated this the 10th November, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 365 of the Indian
Penal Code. According to prosecution, de facto complainant’s
brother and petitioner (7th accused) had some financial
transactions. To settle the same, 7th accused arranged accused 1 to
6 to abduct de facto complainant to pressurise settlement of the
transaction. On information, the police chased the vehicle, in which
de facto complainant was abducted and accused 1 to 5 were
arrested from the spot and petitioner’s involvement was revealed on
questioning them.
3. Learned counsel for petitioner submitted that petitioner is
absolutely innocent of the allegations made. As per the prosecution
allegation, he had not taken part in the abduction. He has no
dealing with the de facto complainant, going by the prosecution
allegations. Therefore, anticipatory bail may be granted to him, it is
submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that petitioner is the man behind the incident. He has
arranged accused 1 to 6 to abduct the de facto complainant and this
BA.6789/08 2
was done to pressurise the settlement of financial transaction
between de facto complainant’s brother and 7th accused. His
involvement was revealed on arresting accused 1 to 5 and
questioning them. This is not a fit case to grant anticipatory bail, it
is submitted.
5. On hearing both sides, considering the nature of allegations
made, I do not find it fit to grant anticipatory bail to petitioner. The
incident happened as early as on 2.10.2008 and petitioner has not
surrendered before the Magistrate court or before the investigating
officer and hence, investigation is at a standstill. Petitioner is
required for investigation.
Petitioner is directed to surrender before
the Magistrate Court concerned or before the
investigating officer without delay and co-operate
with the investigation. Whether petitioner
surrenders or not, police is at liberty to arrest
him at any time.
With this direction and observation, petition is dismissed.
K.HEMA, JUDGE
vgs.