IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 645 of 2009() ---------------------------------------- (CRIME NO.296/04 OF BADIADKA POLICE STATION) PETTIONER/ACCUSED: ------------------------------------- ROY JOSEPH,S/O.JOSEPH, AGED 35 YRS, MUNDUPALAM HOUSE, KOLLAPPALLI, KATANAD VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA-(CRIME NO.296/2004 OF BADIADKA POLICE)-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 645 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 11th day of February, 2009 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, petitioner (A1) along with 2nd accused was found transporting 525 litres of spirit in a car on 28-11-2004 and petitioner was arrested from the spot. 3. Petitioner was released on bail in the crime stage and, thereafter, he failed to appear during the committal proceedings. Non bailable warrant was issued and he appeared and he was released on bail again. Petitioner failed to appear in court continuously and hence, the case was entered in the register of long pending cases. Notice was issued to the sureties and the sureties produced petitioner before the court. Therefore, the learned Additional Sessions Judge found that petitioner was deliberately avoiding appearance and the court refused to grant bail. 4. Learned counsel for petitioner submitted that petitioner did not receive any summons from the court. It is also submitted that petitioner surrendered by himself before court. 5. This petition is opposed. Learned Public Prosecutor submitted that the case is of the year 2004 and it will be ripe for BA 645/09 -2- trial and at this stage, petitioner is released on bail, it is likely that he may abscond again. 6. On hearing both sides, particularly on going through the order of the learned Sessions Judge, I find that it is not fit to grant anticipatory bail at this stage, since it is likely that petitioner may abscond. Petitioner's presence could be procured only when he was produced by the sureties after the court issued notice to the sureties. Petitioner shall surrender before the trial court and may move the court concerned, if so advised, for expeditious disposal of the case. This petition is dismissed. K.HEMA, JUDGE. mn.