IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7772 of 2008 ----------------------------- (CRIME NO.176/07 OF VALAYAM POLCE STATION) .................... PETITIONER/ACCUSED : ------------------------- NIDUNTHOL KULANGARA ARIGATH ABDULLA, S/O.HASSAN, AGED 24 YEARS, CHEKKIAD VILLAGE AND PANCHAYATH, P.O.PARAKKADAVU, VIAL NADAPURAM, KOZHIKODE DISTRICT. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, NADAPURAM (CRIME NO.176/07 VALAYAM POLICE STATION)THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. M.S. BRREZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7772 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2009 O R D E R This is a petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 294(b), 323, 324, 308, 395, 427 r/w 149 IPC. According to the prosecution, an Assistant Sub Inspector, who was travelling along with two others in a car found certain persons allegedly consuming liquor on the way. The vehicle was stopped and the Assistant Sub Inspector went to those persons. They resisted the attempts made by him to interfere with their activities and there was a push and pull. One of the accused called some others over phone and a group of persons came there in a vehicle. They assaulted the Assistant Sub Inspector and his personnel belongings were taken away. A crime was registered against accused 1 to 4 who was named in the FIR. 3. The incident occurred on 25.11.07. Learned counsel for the petitioner submitted that the 1st accused was granted anticipatory bail as per A1 order dated 10.01.08 in BA No. 85/08. Several other accused were granted regular bail. Hence, BA No. 772/08 -:2:- petitioner may also be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that charge sheet has already been filed. The petitioner was absconding and he was not available for interrogation or investigation. A warrant is issued against the petitioner and he is required by police for arrest in execution of the warrant lawfully issued by court. Therefore, it is not a fit case for granting anticipatory bail, it is submitted. 5. Learned counsel for the petitioner submitted that the petitioner has got employment in Quatar and hence he had gone to Quatar and come back. He was not been absconding. Therefore, he may be granted anticipatory bail. 6. On hearing both sides, I find that the petitioner’s arrest is required in execution of the lawful warrant issued by a court of law. Normally this Court may not interfere with such proceedings unless there are strong reasons to do so, by granting anticipatory bail. If the petitioner is not absconding and warrant was issued without noting this fact, the learned Magistrate himself will consider the facts and pass any appropriate order on merit. But, I do not find any reason to BA No. 772/08 -:2:- grant anticipatory bail, since the prayer is made at a belated stage. But, it is made clear that, the refusal of anticipatory bail by itself is not a ground to consider the application for bail under Section 437 Cr.PC. With these observations, this petition is dismissed. K. HEMA, JUDGE ttb