IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Bail Appl..No. 7956 of 2008() ----------------------------- CRIME NO.100/92 OF POONTHURA POLICE STATION PETITIONER (S): PETITIONER/ACCUSED -------------------------------------- SATHEESAN S/O. VELUKUTTY, MANACALPUTHEN VEEDU, PARUTHIKUZHY,MUTTATHARA,THIRUVANANTHAPURAM BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7956 of 2008 ----------------------------------------- Dated this the 18th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 395, 436 and 452 of the Indian Penal Code. Petitioner is the 19th accused in Crime no.100/92 of Poonthura Police Station. Since he was absconding, the case was transferred to the register of long pending cases as L.P.No.72/97, on the file of the Judicial First Class Magistrate Court, Trivandrum. Petitioner apprehends arrest and hence, this petition. 3. This petition is opposed. Learned Public Prosecutor submitted that the crime is of the year 1992 and petitioner was absconding all these 16 years. He is not entitled for anticipatory bail, it is submitted. 4. On going through the contention raised and the order passed by the learned Sessions Judge in Annexure-II order, I do not find any reason to grant anticipatory bail. Anticipatory bail is not intended to be extended to persons, who are absconding for long period of 16 years without any reason. BA.7956/08 2 The learned Sessions Judge has observed that petitioner has not substantiated the reason for not co-operating with the investigation or trial. On the facts of this case, I am least inclined to grant anticipatory bail. Petitioner is bound to appear before the Magistrate Court concerned. Hence, the following order is passed: (1) Petitioner shall surrender before the Magistrate Court concerned. Whether he surrenders or not, police is at liberty to arrest him in execution of the warrant, if any, and proceed in accordance with law. (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.