IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3100 of 2011() ----------------------------- CC.664/2010 of J.M.F.C.-III,KOZHIKODE .................... PETITIONER/ACCUSED: --------------------------- NOUFAL, S/O.MOHAMMED, RAMAKUNNATH HOUSE, MADAVOOR P.O., THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KAKOOR POLICE STATION, KOZHIKODE DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3100 OF 2011 = = = = = = = = = = = = = = = Dated this the 10th day of May, 2011 O R D E R Petitioner is the accused in Crime No.106/2007 of Kakoor Police Station, Kozhikode District which was registered under Sections 509 and 294(b) of IPC. 2. It is alleged that when the case was posted for evidence before the learned Magistrate petitioner did not appear in Court though it was stated that he was allowed to be represented u/s 205 Cr.P.C. Presence of the accused was required at the time of trial. Since he absented himself, the learned Magistrate issued non bailable warrant to the accused. In these circumstances I am not inclined to grant pre-arrest bail to the accused. He can B.A. NO. 3100 OF 2011 -:2:- surrender before the Magistrate and apply for regular bail and can undertake that he will definitely be present in Court at least at the time of examination of witnesses, for examination u/s 313 Cr.P.C. and on the date of pronouncement of judgment. Sd/- N.K. BALAKRISHNAN,JUDGE. ul/- [ true copy ] P.A. to Judge.