IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7109 of 2008()
1. SASINDRA BABU, S/O VELUPPILLAI, SANDHYA
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.C.R.SIVAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :26/11/2008
O R D E R
K.HEMA, J.
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B.A.No. 7109 of 2008
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Dated this the 26th November, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 306 of the Indian
Penal Code. According to prosecution, deceased Sasidharan
committed suicide by consuming poison. Petitioner has abetted him
to commit suicide. Therefore, offence under Section 306 was
included.
3. Learned counsel for petitioner submitted that petitioner is
absolutely innocent of the allegations made. As per the FIR in this
case, deceased was talking to his wife and daughter and
immediately thereafter, he went inside the house and consumed
poison. No allegation was made in FIR that the petitioner abetted
him to commit suicide. The present allegation is made at the
belated stage and petitioner is innocent.
4. This petition is strongly opposed. Learned Public
Prosecutor submitted that petitioner is involved in similar crimes.
In the year 1995, proceedings under Section 107 were also initiated
against him. Petitioner is a financier, who lends money to people
and commit similar offences. The present allegations against
petitioner were brought to the notice of the police only when wife
BA.7109/08 2
and child of the deceased were questioned. It is revealed that
petitioner had gone to the house of deceased on the previous day
and removed valuables like T.V, V.C.R etc. and also threatened
deceased to quit the house. He had also told him to consume poison
and kill himself, if he could not pay the money. It is also submitted
that the charge sheet has already been submitted and petitioner
has not so far made himself available for investigation. The crime
was registered as early as on 2.2.2002 and charge sheet was laid
in the year 2003 itself. For the past five years, he has been
absconding and the matter is pending before the committal court in
C.P.No.138/2003. Petitioner is an absconding accused and hence, it
is not a fit case to grant anticipatory bail, it is submitted.
On hearing both sides, from the facts revealed from the
submissions made by the learned Public Prosecutor, I find that
petitioner is wanted for the proceedings in C.P.No.138/2003 and
for the past five years he has been absconding. Considering the
nature of allegations made in this case also, it is not a fit case to
grant anticipatory bail. I also find that a petition was filed as
Crl.M.C.No.531/2004 before this Court to quash final report, but it
was dismissed as withdrawn, when the court was not inclined to
allow the petition.
BA.7109/08 3
Petitioner shall surrender before the
Magistrate Court concerned without any delay
and co-operate with the committal proceedings.
Whether he surrenders or not, police is at liberty
to arrest petitioner at any time and proceed in
accordance with law.
With this direction, petition is dismissed.
K.HEMA, JUDGE
vgs.