IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Bail Appl..No. 703 of 2009() ---------------------------------------- (CRIME NO.324/2005 OF VADAKKEKKAD POLICE STATION) APPLICANT/ACCUSED: ------------------------------------- MOHAMMED SAKKARIYA, AGED 33 YEARS, S/O.A.E.BEERAN, ARACKAL KURUPATH HOUSE, VYLATHUR P.O., VADAKKEKKAD, TRISSUR. BY ADV. MR.C.N.RADHAKRISHNAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION, (THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA). BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. -------------------------------- B.A. No.703 OF 2009 -------------------------------- Dated this the 19th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324, 307 and 149 of I.P.C. According to prosecution, 16 named persons and 13 persons identifiable by sight formed into an unlawful assembly and armed with deadly weapons like sword and iron rod wrongfully restrained the defacto complainant and assaulted him and attempted to commit murder in prosecution of the common object of the assembly. 3. Learned counsel for petitioner submitted that petitioner is implicated as accused no.11 in the crime. He apprehends arrest, since warrant is issued against him from the committal court. He was on bail, but he was working abroad. Petitioner is reported to be absconding. He is ready to surrender before the court, but it is likely that he may be remanded and hence, this application. It is also submitted that though several persons are allegedly involved in the offence, only a few could be implicated by the police. 4. Learned Public Prosecutor submitted that petitioner was B.A.No.703 of 2009 2 absconding and steps under Sections 82, 83 Cr.P.C. were initiated against petitioner as he was reported to be absconding. The incident happened as early as on 16.09.2005, about 4 years back and the committal proceedings could gain no progress because of petitioner's absence. It is not proper to grant anticipatory bail to an absconder and hence, this petition is opposed. It is also submitted that petitioner is not even available in India now. 5. Learned counsel for petitioner submitted that petitioner received legal advice that he could go abroad, during the pendency of the committal proceedings and hence he went to Sharjah. It is also submitted that petitioner will be available in India in the first week of March and a direction may be issued to surrender in the first week of March. On hearing both sides, I find that petitioner was absconding for the past about 4 years and he jumped bail and he failed to appear in court and co-operate with the proceedings. He apprehends arrest only consequent to a non-bailable warrant issued by the Magistrate court. On the submissions made by his counsel, it appears that petitioner was absconding under legal B.A.No.703 of 2009 3 advice. To such a person, I am not inclined to extent any relief sought for. On the facts of this case also, I am not impressed that this is a fit case to grant anticipatory bail, considering the serious nature of the allegations made. I am also not inclined to fix any particular date for the petitioner to surrender. He is bound to surrender forthwith. In the above circumstances, the following order is passed : i) Petitioner shall surrender before the Magistrate court concerned forthwith and co-operate with the committal proceedings. Whether he surrenders or not, police is at liberty to execute the warrant in accordance with law. ii) No further application for anticipatory bail by petitioner in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac