IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Bail Appl..No. 3431 of 2010() ----------------------------- CP.90/2007 of J.M.F.C.,KUNNAMKULAM .................... (CRIME NO.503/2005 OF KUNNAMKULAM POLICE STATION) PETITIONER/5TH ACCUSED ------------------------------------------ HAMZAKUTTY,S/O.MOIDUTTY,MUKUNDATHIL VEEDU,EDAKKARA,AVIYUR PO, THRISSUR. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE,KUNNAMKULAM POLICE STATION(CRIME NO. 503/2005),KUNNAMKULAM,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3431 OF 2010 -------------------------------- Dated this the 20th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 395, 363 r/w 34 of IPC. According to prosecution, de facto complainant owes some money to first accused. To procure this money, first accused abducted de facto complainant in a car and thereafter, the other accused joined him and assaulted de facto complainant. Two of the accused went to the house of de facto complainant, and got Rs.22,000/- from his wife by force. The incident happened on 01/06/2005 at about 11 a.m. 3. According to Learned counsel for petitioner, petitioner is innocent of the allegations made. He was only standing in front of a hospital from where, the de facto complainant was allegedly abducted. It is true that there was some money transaction between the two, but, not incident as alleged happened. Learned counsel for petitioner also submitted that petitioner was not aware of the proceedings initiated against him. He is prepared to surrender before the trial court. 4. This petition is opposed. Learned Public Prosecutor submitted that the crime is of the year 2005. The case is not disposed of so far. Allegations made against the petitioner are B.A No.3431 OF 2010 2 serious in nature. Petitioner was absconding for the past five years and he is sought to be arrested as per a warrant issued in the committal proceedings. 5. On hearing both sides, I do not find that this is a fit case to grant anticipatory bail. Petitioner apprehends arrest only because of a warrant issued from the Magistrate Court. The crime is of the year 2005 and in spite of expiry of five years, petitioner has not co-operated with investigation or trial. There is no case that the warrant is issued illegally. In such circumstances, I am not inclined to interfere with the proceedings of trial Court by granting anticipatory bail. Petitioner shall surrender before the trial court without any delay. Petition is dismissed. vdv K.HEMA, JUDGE