IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA \ FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Bail Appl..No. 7613 of 2008() ----------------------------- Crime No. 1150/2008 of Thoppumpady Police Station .................... PETITIONER/6TH ACCUSED: -------------------------------------- SHIJU.I.S., 32 YEARS S/O.SUBRAMANIAN ITTITHARA HOUSE, EDAKOCHI ERNAKULAM BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT: -------------------- STATE OF KERALA, REP. BY SHO, THOPPUMPADY POLICE STATION REP. BY THE PUBLIC P[ROSECUTOR HIGH COURT OF KERALA, AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ~~~~~~~~~~~~~~~~~~~~~~~~ B. A. No. 7613 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of December, 2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 511 OF 365, 323 and 324 r/w s.34 of IPC. According to the prosecution on 24.10.08 A1 to A5 coming in a car abducted defacto complainant and he was assaulted and thrown out of the vehicle. This incident occurred, since 6th accused who was on enemical terms with defacto complainant arranged A1 to 5 to commit offence. Defacto complainant and 6th accused were friends but later they fell apart because of a money transaction. 3. The learned counsel for petitioner submitted that petitioner and defacto complainant are friends, as evidenced by annexure A2 photograph but name of the petitioner was not mentioned in the F.I. Statement. Therefore, he may be granted anticipatory bail, it is submitted. Learned counsel for petitioner further submitted that offence under Section 365 of IPC will not be attracted in this case, since there is no confinement as required B.A.7613/08 : 2 : under the said provision. 4. Learned public prosecution submitted that defacto complainant was assaulted by some persons who were not known to him and that is why their names were not mentioned in the F.I. Statement. It was only later that he came to know that the 6th accused was the man behind the incident. Therefore, one cannot expect mentioning of petitioner's name in the F.I.S. 5. On hearing both sides, considering nature of allegations made, I am not inclined to grant anticipatory bail to accused. Petitioner shall surrender before the Investigation Officer and co-operate with investigation. The petition is dismissed. (K. HEMA, JUDGE) KMD