IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Bail Appl..No. 1164 of 2009() ----------------------------- SC.153/2006 of ADDL. SESSIONS JUDGE, FAST TRACK COURT II, THRISSUR CRIME NO.235/2005 OF PUDUKKADU, THRISSUR. PETITIONER/ACCUSED NO.4 -------------------------------------------- RONI, S/O.KADANGOTUVEETIL DOMINI, AVITTATHUR, IRINJALAKUDA, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PUDUKKADU POLICE STATION, (CRIME NO.235 OF 2005), PUDUKKADU, THRISSUR. PUBLIC PROSECUTOR SRI M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1164 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 13rd day of March, 2009 O R D E R Petitioner who is the 4th accused in Crime No. 235/2005 of Pudukkadu Police Station for an offence punishable under section 395 IPC, seeks anticipatory bail on the ground that co- accused in this case have been acquitted after trial in S.C. No. 153/2006 on the file of the Addl. Sessions Judge, Fast Track Court No.II, Thrissur. 2. Consequent on the non-appearance of the petitioner, the case was entered into the register of long pending cases as L.P.45/2008 and non-bailable warrants of arrest are pending against the petitioner. There is no reason why the petitioner should not surrender before the Sessions Court and seek regular bail. Accordingly, if the petitioner surrenders before the Sessions Court and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed, after considering the explanation offered by the petitioner for his previous non-appearance, notwithstanding the pendency of non- bailable warrants of arrest against the petitioner. Petitioner is BA 1164/2009 -2- also permitted to pray for discharge on the basis of the judgment of the acquittal of the co-accused. With the above observation this application is disposed of . V. RAMKUMAR, JUDGE. mn.