IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Bail Appl..No. 3344 of 2008() ----------------------------- (CRIME NO.214/2008 OF NADAKKAVU POLICE STATION) .................... PETITIONER/IST ACCUSED --------------------------------------- K.AJAYLAL, S/O.KUNHIKELU, AGED 41 YEARS, AJITHA NIVAS, ERANHIPALAM, KACHERI VILLAGE, KOZHIKODE TALUK. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTING STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3344 of 2008 ------------------------------------------- Dated this the 13th day of June, 2008 ORDER Petition for anticipatory bail. 2. A crime is registered against the petitioner under Section 365 read with Section 34 IPC on a complaint filed by the defacto complainant alleging that his brother Benoy was kidnapped by the petitioner and others. According to the prosecution, Benoy had obtained some amount of money from the petitioner and he did not return the money and therefore, he was kidnapped and a ransom of Rs.50,000/- was demanded. 3. Learned counsel for the petitioner submitted that there was an agreement between the petitioner and Benoy on 9.11.2007 for sale of a vehicle for an amount of Rs. 4 lakhs. Rs.1 lakh was given to Benoy by the petitioner. The vehicle was also handed over. Thereafter, Benoy requested the petitioner to give the vehicle to him to go to Palayam. Later, he did not come back. The agreement for sale is produced as Annexure A1. Though the alleged incident is on 30.4.2008, the false complaint is filed only on 6.5.2008, it is submitted. BA NO.3344/08 2 4. Learned public prosecutor pointed out that the delay is explained in the FI statement itself. The FI statement was submitted to the Commissioner of Police alleging that no action was taken by the Circle Inspector, Nadakkavu Police Station. Witnesses are questioned and investigation is in progress. 5. On hearing both sides and going through the case diary, I am not inclined to grant anticipatory bail in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE csl