IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 6180 of 2008() ----------------------------- CRMP.2758/2008 of DISTRICT COURT, PALAKKAD CRIME NO.616/1991 OF TOWN SOUTH POLICE STATION, PALAKKAD. PETITIONER -------------------- ABDUL SALIM, S/O.HANEEFA, RESIDING AT ILLATHUPARAMBU, MEPPARAMBU, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CB CID, PALAKKAD. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6180 of 2008 ----------------------------------------- Dated this the 6th October, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioner is the first accused in Crime No.616/1991 of the Town South Police Station, Palakkad. Charge sheet was laid against 27 persons. But the trial against 24 persons is concluded and they were acquitted. The case against three persons was split and the case is included in the register of long pending cases as L.P.No.23 of 1999, since the petitioner was not available for arrest. 3. Learned counsel for petitioner submitted that the petitioner was an accused in three cases, SC.No.355/02, CC.No.609/01 and CC.No.89/01. He was released on bail in these cases and he was acquitted also. Petitioner was not aware that he is an accused in Crime No.616/199. He was working abroad he was not aware of the pendency of the case. The petitioner is prepared to surrender before the trial court and co-operate with the trial, it is submitted. 4. On hearing both sides, it appears that the fact that the petitioner is an accused in Crime No.616/1991 was not known to him. But, he was shown as an absconding accused and a charge sheet was laid against the petitioner. The fact that the petitioner BA.6180/08 2 was co-operating with the trial in the other cases, indicates that had the petitioner been aware of the pendency of this crime he would have appeared in this case also. The petitioner is now apprehending arrest on accusation of his having committed a non- bailable offence in Crime No.616/1991. Since he was shown as an absconding accused, non bailable warrant was issued against him. The petitioner is prepared to surrender before the trial court and co-operate with the trial. In such circumstances, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and if bail application is filed, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Petition is allowed. K.HEMA, JUDGE vgs.