Kerala High Court
Ayub vs Kerala State Represented By on 16 June, 2012
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
TUESDAY, THE 19TH DAY OF JUNE 2012/29TH JYAISHTA 1934
Bail Appl..No. 4003 of 2012 ()
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(CRIME NO. 136/2008 OF KUNNATHUNADU POLICE STATION, ERNAKULAM DISTRICT)
PETITIONER/ACCUSED:
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AYUB, S/O.SHAMSUDHEEN, AGED 29 YEARS
KANAL VEEDU, CHAKKALAMOL BHAGAM, THRIKKAKKARA.
BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY
RESPONDENT/COMPLAINANT:
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KERALA STATE REPRESENTED BY
THE CI OF POLICE, KUNNATHUNADU POLICE STATION
THROUGH THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA-682 031.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
19-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SCL.
N.K.BALAKRISHNAN,J.
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B.A.No.4003 of 2012
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Dated this the 16th day of June, 2012
O R D E R
Petitioner is the 7th accused in crime No.136 of 2008 of Kunnathunadu Police Station, Ernakulam. The offence alleged against the petitioner is under Section 395 of IPC. Apprehending arrest, this application for anticipatory bail is filed by the petitioner.
2. It is alleged that the petitioner and other persons with intent to commit dacoity proceeded in a vehicle on 10.03.2008 and robbed a sum of `5,40,400/- from the defacto complainant. The learned counsel for the petitioner submits that no overt act was alleged against this petitioner. Other accused persons faced trial and they were acquitted. According to the counsel no statement was given by the witnesses against this petitioner. The question of giving evidence against an CRL.M.C.No./2012 : 2 : absentee accused does not arise now. The fact remains that the accused has been absconding for several years. Now the case against him is pending as a long pending case. The non-bailable warrant issued against him is pending. The fact that he could avoid being arrested by the police for several years itself shows that he is so powerful or influential.
In the aforesaid circumstances, I am not inclined to grant anticipatory bail to the petitioner and hence it is dismissed.
N.K.BALAKRISHNAN, JUDGE kkj //TRUE COPY// PA TO JUDGE CRL.M.C.No./2012 : 3 :