IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Bail Appl..No. 583 of 2009() ----------------------------------------- (CRIME NO.127/1996 OF KASABA POLICE STATION) PETITIONER/ ACCUSED: --------------------------------------- SAMBATH, S/O.N.J.VICTOR, S.V.COLONY, ERANHIPALAM, KOZHIKODE. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE,KASABA POLICE, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. -------------------------------- B.A. No.583 OF 2009 -------------------------------- Dated this the 19th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 147, 148, 341, 323 and 324 read with 149 I.P.C. According to prosecution, petitioner along with 3 named accused and persons identifiable by sight formed into an unlawful assembly wrongfully restrained the defacto complainant and caused hurt to him by using weapon, in prosecution of the common object of the unlawful assembly. The incident happened on 24.04.1996, about 12 years back. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. He came to know that he is wanted by the police for execution of a warrant issued by the Magistrate court. He filed an application for anticipatory bail before the Sessions court as Crl.M.C. No.722/2008 and it appears from the order that petitioner was shown as absconding and the case was transferred to the register of long pending cases and numbered as B.A.No.583 of 2009 2 L.P.No.13/2000. Learned Sessions Judge observed that petitioner has to surrender before the Magistrate court concerned and move for regular bail. The counsel again verified the details in L.P.No.13/2000 and found that petitioner is not an accused in the said proceedings but still police is threatening to arrest petitioner. Hence, this petition is filed. 4. Learned Public Prosecutor, on instructions, submitted that petitioner was implicated as second accused in crime No.127/96 of Kasaba Police Station. The case against him was proceeded as L.P.No.12/2000 because of his default. Thereafter, petitioner appeared on 12.10.2001 before the court, and thereafter, he was acquitted on 27.04.2001. Therefore, petitioner is not required for arrest by the police in connection with this crime. It is also pointed out that petitioner is not an accused in L.P.No.13/2000. But proceedings in L.P.No.13/2000 are against one Mujeeb Rehman, against whom the non-bailable warrant is pending. All these submissions are recorded. In the light of the submissions made by learned Public Prosecutor, I find that there is reason for any apprehension of B.A.No.583 of 2009 3 arrest by petitioner and hence, no ground exists to grant anticipatory bail. The petition is disposed of accordingly. K.HEMA, JUDGE pac