IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Bail Appl..No. 968 of 2010() ----------------------------------------- (CRIME NOT KNOWN, FAROOQUE POLICE STATION,KOZHIKODE) PETITIONER/ACCUSED: -------------------------------------- MUHAMMED SHAFI,NECHIKKATT PALLIMALIL, NALIDAVAZHI, OMACHAPUZHA P.O.,THEYYALA VIA, MALAPPURAM DISTRICT. BY ADVS. SRI.P.S.ABDUL KAREEM, SRI.O.ABDUL HAFEELU. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------------------------------- B.A. No. 968 of 2010 --------------------------------------------------- Dated this 20th day of May, 2010. ORDER Petition for anticipatory bail. 2. According to prosecution, petitioner committed theft of watches and a crime was registered against him under Section 380 IPC. 3. Learned counsel for petitioner submitted that as per the instructions, petitioner is involved in a theft case but he is not even aware of the details of the crime number etc. Petitioner apprehends arrest and hence anticipatory bail may be granted, it is submitted. 4. Learned Public Prosecutor submitted that petitioner was involved in the offence in 1997 and he was arrested in connection with the crime on 14.3.1997 and released on bail. The case was taken on file in 1997 on the basis of charge sheet filed. Thereafter, accused was absconding and the case was entered in the L.P. Register. The accused was absconding through out and this is not a fit case to grant anticipatory bail, it is submitted. [B.A.No.968/2010] 2 5. On hearing both sides, considering the facts and circumstances of the case, I am satisfied that in a case of this nature where petitioner is apprehending arrest on issuance of non-bailable warrant by the court, anticipatory bail cannot be granted. Hence, the following order is passed: Petitioner shall surrender before the Magistrate court concerned and co-operate with the investigation. No further application for anticipatory bail will be entertained by this Court in this case. Petition is dismissed. Sd/- K. HEMA, JUDGE. Krs.