IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5947 of 2008() ------------------------------------ CRIME NO.455/2000 OF VATAKARA POLICE STATION PETITIONER/4TH ACCUSED : ----------------------------------- C.K.KUNJABDULLA, S/O.SOOPY CHANIYAMKADAVATHU, THIRUVALLOOR P.O., KOZHIKODE DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT/COMPLAINANT : ------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, VATAKARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5947 of 2008 ------------------------------------------------- Dated this the 26th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 436 and 34 IPC. According to prosecution, petitioner along with four others set fire to a building belonging to the defacto complainant and a crime was registered under the above said sections. 3. Learned counsel for the petitioner submitted that the petitioner is implicated as fourth accused. He is falsely implicated by the defacto complainant on information given by some persons. Nobody had seen the incident. But, the name of the petitioner was unnecessarily dragged in. Petitioner is working abroad and he has come to know that a non-bailable warrant is issued against him. The co-accused are already acquitted after the trial and therefore, he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the petitioner is made fourth accused as per the First Information Statement itself, which was lodged on the date of occurrence itself. Petitioner was present at the time in the BA No.5947/08 2 locality. But, he had not surrendered before the police and he was not available for arrest. He left abroad after commission of the offence. The nature of allegations made against the petitioner are serious in nature. 5. On hearing both sides, I find that the allegations made against the petitioner are of serious nature and his name finds a place in the First Information Statement itself. The fact that the co-accused are acquitted is not a ground to grant anticipatory bail to the petitioner, especially since he was absconding for a long period of eight years. That apart, petitioner's proposed arrest is for the due execution of a non-bailable warrant which is lawfully issued by a court having jurisdiction. Hence, anticipatory bail cannot be granted which will interfere such lawful proceedings. The trial could not be proceeded with and the matter is kept long pending only because petitioner was not available for trial. 6. Petitioner is directed to appear before the Magistrate Court concerned within seven days from today. With this direction this petition is dismissed. K.HEMA, JUDGE csl