IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Bail Appl..No. 6755 of 2008() ------------------------------------------ (CRIME NO.628/2008 OF VALANCHERI POLICE STATION) PETITIONER: IST ACCUSED: ---------------------------------------------- YOUSUFF, S/O. MOHAMMED, PARAVAKKAL HOUSE, EDAYAR POST, VALANCHERY POLICE STATION LIMIT. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT(S): STATE AND COMPLAINANT: ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VALANCHERI POLICE STATION, (CRIME NO. 628/2008) PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR FOR R1 & R2 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 6755 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under clause 5(a) of the Kerala Rationing Order read with sections 3 and 7 of the Essential Commodities Act. According to prosecution, petitioner is the owner of a provision shop from where 200 bags of rice (which is expected to be sold through the ration shop) were seized. The seizure was effected immediately after those article were unloaded from a lorry driven by 2nd accused. Accused 3 to 6 supplied the article to 1st accused. The seizure was on 16-10- 2008. 3. On the last posting learned counsel for petitioner submitted that petitioner intended to surrender before the Magistrate Court and he wanted permission to surrender. On 11-12-2008 permission was granted to surrender, but even now petitioner has not surrendered before the Magistrate Court. It is also to be noted that this petition was reported as not pressed on 11-12-2008. I am satisfied that intention of petitioner is to evade law by seeking permission to withdraw this petition and BA 6755/08 -2- also stating that petitioner intended to surrender before the Magistrate Court, etc. 4. Learned Public Prosecutor opposed this petition. On considering the facts and circumstances of the case and the nature of the allegations made, I find that this is not a fit case to grant anticipatory bail. The prayer for permission for withdrawal is rejected, since the request is evade law by absconding. The crime was registered as early as on 16-10-2008 and petitioner was not available for investigation for a long time. Hence, petitioner is directed to surrender before the Magistrate court concerned forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.