IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Bail Appl..No. 7109 of 2008() ----------------------------- CRIME NO.29/02 OF ANCHALAMMOOD POLICE STATION PETITIONER/ACCUSED -------------------------------------- SASINDRA BABU, S/O VELUPPILLAI, SANDHYA BHAVANAM, MUNDAKKAL, WEST WARD, KOLLAM-1. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT --------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE, ANCHALAMMOODU, POLICE STATION REP. BY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7109 of 2008 ----------------------------------------- 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.