IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 6440 of 2008() ----------------------------- CRMP.2963/2008 IN CRIME NO.163/02 OF MANKARA POLICE STATION .................... PETITIONER/ACCUSED NO.10. --------------------------------------------- RAMESH, AGED 38 YEARS, S/O.CHAMI, MANAPULLIKKAVU, PALAKKAD TALUK & DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPALINANT: -------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANKARA POLICE STATION, PALAKKAD DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6440 of 2008 --------------------------------------------- Dated this the 20th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323 and 324 read with Section 149 IPC. According to prosecution, petitioner (A10) along with 14 others, formed into an unlawful assembly and assaulted the defacto complainant. A chain from defacto complainant's neck was snatched away by the second accused. The incident occurred on 23.12.2002. 3. On hearing both sides, it is clear that petitioner absconded, after release on bail on executing a bond and he failed to appear in court and proceedings were initiated against him under Sections 82 and 83 of Crl.P.C. Therefore, it cannot be said that petitioner is apprehending arrest on accusation of any non bailable offence. His arrest is required for execution of non bailable warrant issued by a court of law because of non- appearance in court. Anticipatory bail can be granted only if petitioner apprehends arrest on accusation of commission of a BA No. 6440/2008 2 non bailable offence. The apprehension of arrest in this case is not on account of commission of a non bailable offence. The nature of offence committed has only a remote connection with the apprehended arrest and it has no direct nexus to the arrest sought for. Hence, anticipatory bail cannot be granted to the petitioner. His remedy is elsewhere. The petition is dismissed. K.HEMA, JUDGE csl