Kochi: Amidst the delay in the arrest of CPM leader Zakir Hussain in an abduction case, the police are in a dilemma over wrongly incorporating section 363 IPC (punishment for kidnapping) against him. The Kerala High Court, while considering the anticipatory bail plea of the accused, had considered the contentions of Zakir that incorporating section 363 IPC was not possible in the case. The court observed that the section was wrongly incorporated in the FIR. “The complaint contains a definite allegation that in continuation of the earlier incident of abduction and confinement, the complainant's office was demolished by the accused. The appropriate section is not incorporated in the FIR despite such allegation,” the court observed.
The court said that the trial court will have to examine whether the definite allegations in this case will come under section 363 IPC or under section 364 IPC. The first part of section 364 A IPC deals with kidnapping or abduction, and the second part with illegal confinement of an abducted or kidnapped person with certain objects, the court observed.
However, the court made it clear that just because the police wrongly quoted the section, the accused cannot claim bail as a right. The delay in filing a complaint also became a topic of discussion. The alleged incident happened in June 2015 but the complaint was filed only on October 27, 2016. The court had asked the trial court to consider all these aspects if Zakir moves afresh for bail.
Zakir to surrender today Tainted CPM leader Zakir Hussain would surrender before the magistrate on Thursday afternoon in Kochi. Though he was planning to surrender today, he could not, since the concerned magistrate was on leave. Zakir, who was also the district sports council president, is an accused in the abduction of a businessman based in Kochi. It is expected that after the surrender, Zakir would file his bail plea. Meanwhile, the police is confident that they would be able to take the CPM leader into custody.