IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Bail Appl..No. 760 of 2009() ---------------------------- CRMP.47/2009 of DISTRICT COURT, PALAKKAD .................... (CRIME NO.427/08 OF MANKARA POLICE STATION) PETITIONERS/ACCUSED: -------------------- 1. JAYAKUMAR,AGED 47,S/O.DAMODARAN, ASWATHI BHAVAN,NEAR GURUKULAM SCHOOL, VENGINISSERYI,TRICHUR. 2. SAJI MANJAMATTOM,AGED 39,S/O.KURIAN, ELAMTHURUTHY,KUTTANELLOOR,THRISSUR. BY ADV. SRI.ARUN VALENCHERY SRI.SAJIKUMAR.K.K. RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MANKARA POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 760 of 2009 --------------------------------------------------- Dated this the 18th day of February, 2009. ORDER Petition for anticipatory bail. 2. According to prosecution, accused nos. 1 to 5 abducted de facto complainant to a house and thereafter, they wrongfully confined him in the house for about 9 days and under threat and coercion made him to execute certain documents in their favour and thereby committed various offences in furtherance of common intention. 3. Learned counsel for petitioners submitted that accused nos. 4 and 5 are already released on bail. The complaint is lodged because of previous enmity to first accused, who is a Government servant and 2nd accused, a Pastor, and hence they may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that accused nos. 3 to 5 surrendered before the court and thereafter accused nos. 4 and 5 were granted bail. A3 is still in custody. Accused nos. 1 and 2 have not surrendered so far, though the incident occurred as early as on 10.11.2008. The recovery is to be effected through the petitioners and they are required for interrogation. 5. On hearing both sides, considering the various submission made by learned Public Prosecutor, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioners have not [B.A.No.760/09] 2 pointed out any special circumstance, which will persuade this Court to invoke the provision under Section 438 Cr.P.C. Petitioners are bound to surrender. Hence, the following order is passed: 1) Petitioners shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them at any time and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioners in this crime will be entertained by this Court. Petition is dismissed. K. HEMA, JUDGE. Krs.