IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 3232 of 2009() ----------------------------- CRIME NO.679/2006 OF PERINTHALMANNA POLICE STATION .................... PETITIONER/ACCUSED NO.4 ------------------------------------------- SALEEM @ POOTHA SALEEM,S/O.PAREETH, SRAMBIKKAL HOUSE,PARAPPURAM,PERUMBAVOOR, ERNAKULAM (DIST). BY ADV. SRI.ANIL K.MOHAMMED RESPONDENT(S): COMPLAINANT -------------------------- STATE,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3232 of 2009 -------------------------------- Dated this the 17th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.679 of 2006 of Perinthalmanna Police Station. 2. The offences alleged against the petitioner are under Sections 363 and 395 of the Indian Penal Code. 3. The prosecution case is that the defacto complainant was kidnapped by the accused persons, seven in number, from Perinthalmanna town on 7.10.2006 in a car. The accused persons were wearing masks. They also committed decoity involving Rs.1,52,000/- and a mobile phone. The petitioner was arrested in connection with a case initiated under the Kerala Anti Social Activities (Prevention) Act and he was arrested in this case on issuance of production warrant on 31.3.2009. 4. The learned public prosecutor submitted that the accused Nos.3, 6 and 7 are still not arrested as they are absconding. The investigation is not over. It is also submitted that if the petitioner is released on bail, he would tamper with evidence and also would make BA No. 3232 /2009 2 himself scarce. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the fact that the petitioner was making himself scarce since 2006, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl