IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6056 of 2008(F) ----------------------------- CRIME NO.32/2007 OF MANJESWARAM POLICE STATION. PETITIONER/2ND ACCUSED: -------------------------------------- AZAR, S/O. ABDUL SAMAD, AGED 23 YEARS, HIDAYATHU NAGAR, UPPALA, KASARAGOD DISTRICT. BY ADV. SRI.P.NARAYANAN RESPONDENT: ---------------------- STATION HOUSE OFFICER, MANJESWARAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6056 OF 2008 ------------------------------ Dated this the 21st day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 324, 341, 308 read with Section 34 of IPC. According to prosecution, the petitioner along with other accused, in furtherance of common intention, assaulted the defacto complainant and committed the various offences. The first accused was armed with knife and he used the weapon against the defacto complainant. The petitioner also assaulted defacto complainant and he sustained injuries. The petitioner is the second accused. 3. Learned counsel for the petitioner submitted that the petitioner was working out of state and hence a warrant is issued against him in the committal proceedings. The petitioner is innocent of the allegations made. He is implicated due to political reasons and hence he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor B.A.6056 of 2008 2 submitted that the petitioner's involvement is clear from materials in the case diary. He had taken part in the assault. The defacto complainant sustained serious injuries. The petitioner is accused in another crime also, and he was absconding. The incident occurred on 21.01.2007 and he could not arrested so far, and a warrant is issued against him and he is required for the purpose of committal proceedings. Hence it is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the nature of allegations made and also the other facts and circumstances, I find that it is not a fit case to grant anticipatory bail. The incident happened as early as on 21.01.2007 about more than 1 ½ years and the petitioner could not be arrested so far. Hence, the petitioner is directed to surrender before the Magistrate court concerned within seven days from today. With this direction, this petition is dismissed. K.HEMA, JUDGE pac