IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Bail Appl..No. 4894 of 2010() ---------------------------------------- CRIME NO.118/09 OF BEKAL POLICE STATION, KASARAGOD ........................................... PETITIONER (S):/ACCUSED -------------------------------------- NIZAR C.H., AGED 23 YEARS, S/O.IBRAHIM, P.V.K.HOUSE, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT AND STATE --------------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (LPC NO.41/2010 IN CP NO.67/2009 OF JFCM II, HOSDURG IN CRIME NO.118/2009 OF BEKAL POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR MR. P.A SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.4894 OF 2010 ----------------------------------- Dated this the 18th day of August, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 341, 326, 506(ii), 308 r/w 34 IPC. According to prosecution, on 23.3.2009 at about 8.30 pm, petitioner (A2) along with other accused in furtherance of common intention, wrongfully restrained the defacto complainant and assaulted him by using iron rod etc. and committed the various offences as stated above. 3. Learned counsel for petitioner submitted that petitioner did not receive any summons from the court. His absence is not willful. The case is numbered as L.P.C.41/2010. Petitioner was available in the locality, as evidenced from various documents produced including hall ticket and certificate from the college. He has no intention to abscond. He is prepared to appear before the court. But it is stated that a warrant is issued from the court. Defacto complainant is influential and he would have manipulated and a warrant would have been caused to be issued against B.A. No.4894/10 2 petitioner, is the submission. In such circumstances, he may be granted anticipatory bail, it is submitted. 4. On hearing both sides, it appears that warrant was issued to petitioner, presumably because he did not appear on receipt of summons. But according to petitioner, he did not receive any summons. If petitioner's absence was not willful, he is at liberty to surrender before the trial court and convince the trial court about the same. But in the absence of any materials before this court to show that the warrant was issued illegally, it is not proper to interfere. 5. Petitioner may surrender before the trial court and apply for regular bail, in which the court shall dispose of the petition as expeditiously as possible. But there is no ground to grant anticipatory bail to petitioner. Petition is dismissed. K. HEMA, JUDGE. Sou.