IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4082 of 2009() -------------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.3584/2009 Dated 02/07/2009 SC.751/2006 of ADDITIONAL DISTRICT COURT (ADHOC)-II, KOLLAM CRIME NO.128/2004 OF POOYAPPALLY POLICE STATION, KOLLAM .................... PETITIONER/2ND ACCUSED ------------------------------------------ RAHIM,S/O.ISMAIL, AGED 36 YEARS, RAHIM MANZIL, MEEYANNA P.O. OYOOR, VELINELLOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.P.SUJESH KUMAR SRI.K.N.SASIDHARAN NAIR RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4082 of 2009 ------------------------------------ Dated this the 31st day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Sessions Case No.751/2006 on the file of the Court of Additional District and Sessions Jude (Adhoc) II, Kollam. 2. The petitioner was absconding. The case against him was split up. It is stated that accused Nos.3 and 4, who alone were available for trial, were acquitted as per judgment dated 23/09/2008. The petitioner moved this application for anticipatory bail, apprehending arrest. 3. I am of the view that the petitioner has to move the court which issued the warrant, for withdrawing the same and for the grant of bail. The petitioner would be free to submit all the relevant facts before that court and submit that his detention is not required. With these observations, the Bail Application is closed. K.T. SANKARAN, JUDGE scm