IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 7548 of 2007() ----------------------------- CRIME NO. 304/07 OF ERNAKULAM TOWN NORTH POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------------ 1. SEYYED, AGED 28, S/O.RIFAYI, C.K.V.HOUSE KOTTUKAL VILLAGE, ANTHIYOOR DESOM. 2. MAHIN, AGED 44, S/O.ABDUDILKHARIM, KUZHIVILADATH VEEDU, POOVAR ROAD, VAZHIMUKKU, KOTTUKAL VILLAGE, ANTHIYOOR DESOM. 3. UMMAR BASHA @ SHAHULHAMMED, AGED 27, S/O.RASHEED KOBOD, ANTHIYANOOR DESOM, ANTHIYANOOR VILLAGE. 4. HAKKIM, AGED 27, S/O.MUHAMMED, PLANKAVILPUTHEN VEEDU, ANTHIYOOR DESOM, ANTHIYOOR VILLAGE. 5. MUHAMMED SHAFI, AGED 34, S/O.SEYNULABDHIN, PLANKAVILPUTHEN VEEDU, ANTHIYOOR DESOM, ANTHIYOOR VILLAGE. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7548 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 2, 3, 4, 9 and 10 in a crime registered for offences punishable, inter alia, under Sections 364A and 368 I.P.C. Between the first accused and the victim, one Biju, there were certain financial transactions. Biju has to return an amount of Rs. 2 lakhs to the first accused. The said amount was not returned and to enforce payment of the said amount, it is alleged that the said Biju was forcibly abducted by the accused, including the petitioners herein. The abduction took place on 7.5.2007. Crime was registered on 8.5.2007. Investigation is in progress. The first accused has been arrested and released on bail. The petitioners apprehend imminent arrest. 2. According to the petitioners they are innocent. It is not a case of abduction. Consequent to the disputes between Biju B.A.No. 7548 of 2007 2 and the first accused, Biju had gone to Trivandrum and as per prior design, a false complaint was filed by the driver of Biju before the police at Ernakulam. The petitioners may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor opposes the application. The petitioners may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail, submits the Prosecutor. 4. I find merit in the opposition by the learned Prosecutor. I agree with the learned Prosecutor that this is a fit case where the petitioners must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must B.A.No. 7548 of 2007 3 proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) tm Judge