IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3507 of 2010()
1. JAYAN, S/O.MOHANAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :14/06/2010
O R D E R
K. HEMA, J.
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B.A. No. 3507 of 2010
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Dated this the 14th day of June, 2010
O R D E R
This Petition is for anticipatory bail.
2. The alleged offence is under Section 394 of the Indian
Penal Code. According to prosecution, on 22.05.2010 at about
1.45 P.M., while the de facto complainant was standing on the
road and talking to some others, he was forcibly taken into a car
and thereafter accused nos.1 to 3 hit him with a hitting block and
thereafter Rs. 4000/- was taken from his bag.
3. Learned counsel for petitioner submitted that no such
incident as alleged by the prosecution has occurred. De facto
complainant’s father owes Rs. 4000/- to the petitioner and he
had gone to his house, for getting money back. He refused to
pay back the money and there was a quarrel between them. But
now an allegation is made that de facto complainant was
abducted in a car, which is absolutely false.
4. This petition is opposed. Learned Public Prosecutor
submitted that hitting block was used by the first accused to
assault the de facto complainant and the recovery is not so far
B.A. No. 3507 of 2010 2
effected. Petitioner is required for interrogation for effecting the
recovery. The money snatched away from the de facto
complainant is also to be recovered.
5. On hearing both sides, I am satisfied that petitioner (A1)
is required for interrogation and recovery of the articles involved
in the offence. Considering serious nature of the allegations
made, I find that this is not a fit case to grant anticipatory bail, I
am not satisfied of the counter allegations made. Petitioner is
bound to surrender before the investigating officer and co-
operate with the investigation without any delay.
Petition is dismissed.
K. HEMA, JUDGE
ln