High Court Kerala High Court

A.K.Manoharan vs State Of Kerala on 11 November, 2008

Kerala High Court
A.K.Manoharan vs State Of Kerala on 11 November, 2008
       

  

  

 
 
  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.

                 -----------------------------------------
                       B.A.No. 6789 of 2008
                 -----------------------------------------

              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.