IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7739 of 2008(F) ----------------------------------------- (CRIME NO.284/2008 OF FEROKE POLICE STATION, KOZHIKODE) .................... PETITIONER/ ACCUSED NO 1: ------------------------------------------- THAIVALAPPIL ABDUL SALAM, AGED 31 YEARS, S/O.KUNHAHAMMAD, KARAVANTHURATHI AMSOM, NALLOOR DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.M.FIROZ. RESPONDENT/ COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7739 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 498A, 323 and 406. Petitioner is the 1st accused who along with other accused allegedly committed the offences. 3. Learned counsel for petitioner submitted that co- accused were granted anticipatory bail by learned Sessions Judge, as per Anneuxre-A2 order holding that no materials are available to disclose offences. It is also pointed out that petitioner was abroad at the time when the alleged offences committed. 4. Learned Public Prosecutor submitted that charge sheet has already been laid and petitioner may be directed to approach the trial court for regular bail. 5. On hearing both sides, I am satisfied that the charge sheet as having been filed, petitioner may advance his contentions before the trial court, on his surrender, and on filing application for bail. I do not find any ground to grant anticipatory bail at this stage. Hence, petitioner is directed to surrender before the Magistrate court concerned and if any BA 7739/08 -2- application for bail is filed, it shall be disposed of in accordance with law, as expeditiously as possible. This petition is dismissed. K.HEMA, JUDGE. mn.