IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6053 of 2008(F) ---------------------------------------- CRIME NO.36/2007 OF MANJESWARAM POLICE STATION PETITIONER : ------------------ AZAR, S/O. ABDUL SAMAD, AGED 23 YEARS, HIDAYATHU NAGAR, UPPALA, KASARAGOD TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENT : --------------------- STATION HOUSE OFFICER, MANJESWARAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6053 OF 2008 ------------------------------ Dated this the 21st day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 448, 427, 341, 308 read with Section 34 of IPC. According to prosecution, the petitioner along with other accused in further of common intention assaulted the defacto complainant after trespassing into his house. All the accused were armed with weapons like iron rod, knife etc. The petitioner is the fourth accused. 3. Learned counsel for the petitioner submitted that petitioner was implicated in the offence only due to political reasons. He was working out of state and hence he was shown as absconding accused, and in the committal proceedings, warrant has been issued against him. Hence he requests for anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that the allegations made against the petitioner and others are serious in nature and that they had used weapons like B.A.6053 of 2008 2 iron rod, knife etc. Specific allegation is made against the petitioner, who is the fourth accused in the crime. The incident occurred on 23.01.2007 and the petitioner was absconding for a long time and he was not available for arrest. Hence it is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the nature of allegations made and the other facts and circumstances, I find that it is not a fit case to grant anticipatory bail. The petitioner shall surrender before the Magistrate court concerned within seven days from today. With this direction, this petition is dismissed. K.HEMA, JUDGE pac