IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 513 of 2009() ---------------------------------- CP.13/2007 of J.M.F.C.-II, ERNAKULAM CRIME NO.1054/2005 OF CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONER/1ST ACCUSED : ---------------------------------- KRISHNADAS, AGED 48 YEARS, S/O. PADMANABHAN, KODUNGARA HOUSE, KOTTEKAD, VENOLY, KALIPRA, MALAMPUZHA. BY ADV. SRI.P.A.MUJEEB RESPONDENT/COMPLAINANT : ------------------------------------ THE STATION HOUSE OFFICER, CENTRAL POLICE STATION, ERNAKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.513 OF 2009 -------------------------------- Dated this the 10th day of February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 365 and 395 of I.P.C. According to prosecution, petitioner along with 5 others watched the movement of the defacto complainant and disguising as enforcement officials abducted the defacto complainant from K.S.R.T.C. bus station, Ernakulam and was taken to Thiruvananthapuram and on the way, they robbed Rs.2.5 Lakhs, which was in his possession. The offence was committed on 22.08.2005. 3. This petition is opposed. Learned Public Prosecutor submitted that petitioner could be arrested only on 13.01.2009 after about more than 3 years. Petitioner is involved in another crime also and hence, if he is granted bail, he may abscond, it is submitted. Petitioner could be arrested only after steps under Sections 82, 83 Cr.P.C. were initiated, after filing of the final report. B.A.No.513 of 2009 2 4. Learned counsel for petitioner submitted that petitioner may be granted bail, since the charge sheet is already laid and he is not required for the purpose of investigation. On hearing both sides and on going through the order of the learned Sessions Judge, I find that considering the criminal antecedents, it is possible that petitioner may abscond if he is released on bail. Hence, I am not inclined to grant bail. The petition is dismissed. K.HEMA, JUDGE pac