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
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B.A No.3431 OF 2010
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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