IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Bail Appl..No. 8416 of 2011 ----------------------------------- CRIME 158/2010 of PATTAMBI POLICE STATION ............ PETITIONER/2nd ACCUSED: K.T.MUHAMMED ALI,S/O. MUHAMMED, AGED 35 YEARS, KOORIYATTU THODY HOUSE MELE PATTAMBI PO, OTTAPALAM TALUK, PALAKKAD. BY ADV. SRI.A.HAROON RASHEED RESPONDENTS/STATE & COMPLAINANT: 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE PATTAMBI POLICE STATION PATTAMBI, PALAKKAD DISTRICT CRIME 158/2010 NOW SPLITTED AS CP.30/2011. BY PUBLIC PROSECUTOR SMT.R.REMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.Balakrishnan, J. ------------------------------------------- B.A.No.8416 of 2011 ------------------------------------------- Dated this the 14th day of October, 2011 ORDER This application is filed seeking anticipatory bail. Petitioner is the second accused in Crime No.158/2010 of Pattambi Police Station. Offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of Indian Penal Code. It is submitted that the case against other accused persons has already been committed to the Court of Session and now it is pending trial before the Assistant Sessions Judge, Ottapalam. Petitioner was absconding. Hence the case against him was splitup and re-filed as C.P.No.30/2011. 2. Learned counsel for the petitioner submits that petitioner was in Gulf and therefore he could not appear before the learned Magistrate earlier and that now he is ready to surrender before the learned Magistrate. 3. Learned Public Prosecutor was heard. It is submitted that petitioner did not surrender before the police or before the learned Magistrate earlier and that he was evading throughout. 4. I have gone through the charge sheet. Considering all the aspects of the case, I find that following directions can be issued: BA 8416/2011 2 Petitioner will surrender before the learned Judicial First Class Magistrate, Pattambi on or before 24.10.2011 and will apply for regular bail. Till then, he shall not be arrested. Learned Magistrate will dispose of the application for bail as expeditously as possible and that while granting bail to the petitioner, he shall be directed to execute a bond for Rs.50,000/- with two solvent sureties each for the like sum and that petitioner shall undertake that he will surrender his passport and will also appear before the court and co-operate with the trial. Further, petitioner shall not influence or intimate the witnesses to the prosecution. This petition is disposed of as above. (N.K.Balakrishnan, Judge) tkv