IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6147 of 2009()
1. MIDHUN, S/O.DEVADAS, AGED 24 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.V.K.SUNIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/12/2009
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
B.A.No.6147 of 2009
---------------------------------------------
Dated this the 10th day of December, 2009
ORDER
The petitioner has filed this application for anticipatory
bail under Section 438 of the Code of Criminal Procedure
apprehending arrest in Crime No.518 of 2009 of Cantonment
Police Station, Thiruvananthapuram.
2. The offences alleged against the petitioner are under
Sections 420 and 408 of the Indian Penal Code.
3. When the Bail Application came up for hearing on 4th
December, 2009 the following order was passed:
“The de facto complainant is represented by
the counsel. It is submitted by the counsel that
the petitioner is absconding and that he intends
to go abroad to avoid the arrest and to avoid the
appearance before the court. The learned
counsel for the petitioner submitted that he has
not received any instructions from his client for
the last two weeks.
Hence, the interim direction is hereby
vacated. The learned counsel for the petitioner
shall get instructions from the petitioner and
disclose as to whether the petitioner is available
BA No.6147/2009 2
in the State and if so, where.”
4. The learned counsel for the petitioner submitted that
he has not received any instructions from the petitioner and the
petitioner is out of circulation.
5. Taking into account the facts and circumstances of the
case, I am of the view that the petitioner is not entitled to get
the discretionary relief under Section 438 of the Code of
Criminal Procedure.
For the aforesaid reasons, the Bail Application is dismissed.
K.T.SANKARAN,
JUDGE
csl