IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Bail Appl.No. 3625 of 2008 --------------------------------- (CRIME No. 210/2006 OF VATTIYOORKAVU POLICE STATION) PETITIONER/3RD ACCUSED: -------------------------------- DILEEP KUMAR, S/O.APPUKUTTAN NAIR, PRADEEP NIVAS, NATTAYAM, NETTAYAM PO. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT AND STATE: --------------------------------------------------- 1. SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION, VATTIYOORKAVU. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3625 of 2008 ------------------------------------------- Dated this the 19th day of June, 2008 ORDER This petition is for anticipatory bail. 2. Petitioner is the third accused in the crime registered under Sections 109, 447, 427, 506(2) read with Section 34 IPC and Section 27 of the Arms Act. 3. Learned counsel for the petitioner submitted that the petitioner is totally unaware of the pendency of this case and he was never questioned in connection with this crime. He is totally innocent of the allegations made and the police has falsely implicated the petitioner in this crime. It was pointed out that he is an accused in crime No.180/07 of the same police station, which was subsequently registered at the same police station. In the said case, he was arrested by the police. He was questioned by the police and produced before the court and remanded. Thereafter, he was released also, on bail on conditions. As per the conditions, he had to report before the Investigating Officer and he was regularly reporting, in compliance of the directions BA 3625/08 2 issued by the court. But, now, petitioner is apprehending arrest in the present case as an absconding accused. 4. Learned public prosecutor submitted that the charge sheet has been laid in this case against the petitioner and petitioner is shown as an absconding accused in the case. He explained that it was only due to a genuine mistake committed by the police that the petitioner happened to be shown as absconding. The petitioner was appearing before the CI of police but the present crime is investigated into by the SI of police. It is true that both have jurisdiction over the Vattiyoorkavu, the office of the CI and the police station where SI is stationed are distantly placed, though in Vattiyoorkavu itself. Without knowing that the petitioner was reporting before the Circle Inspector of police, the petitioner was shown as an absconding accused in the charge sheet. 5. Learned public prosecutor submitted that the charge sheet was already been laid before the court and the petitioner is not required for investigation. On hearing both sides, I am satisfied that this is a fit case to grant anticipatory bail especially BA 3625/08 3 since the facts of this case, he cannot be treated as an absconding accused. Hence, the following order is passed: Petitioner is directed to surrender before the Magistrate court concerned within seven days from today and if any bail application is filed the learned Magistrate is directed to release the petitioner on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. The petition is allowed. K.HEMA, JUDGE csl