IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Bail Appl..No. 5335 of 2008() ----------------------------- CC.718/2008 of J.M.F.C.-III, PUNALUR CRIME NO. 317/2006 OF PATHANAPURAM POLICE STATION PETITIONER/2ND ACCUSED:- ----------------- MUHAMMED NIZAI, AGED 26, S/O. MUHAMMED KHAN, PALLIKIZHAKKETHIL HOUSE, PALLIMUKKU, NADUKUNNU MURI, PATHANAPURAM. BY ADV. SRI.ABRAHAM P.GEORGE RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5335 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September,2008 O R D E R Application for anticipatory bail. 2. According to the prosecution, defacto-complainant and 4th accused used to make frequent phone calls to each other and the 4th accused asked defacto-complainant to come to Pathanapuram and accordingly he came there. Thereafter, she called him again and asked him to come to bus stand. When he was proceeding to the said place, accused 1 to 3 in pursuance to the conspiracy with the 4th accused took defacto-complainant by foce and assaulted him and snatched away mobile phone and Rs.5,500/-. 3. Learned counsel for the petitioner submitted that petitioner is absolutely innocent of the allegations made. He is not even involved in the offence and he is not aware of the alleged incident. He did not receive any summons and it is understood that non bailable warrant is issued against petitioner as an absconding accused. Petitioner is very much available at his own BA 5335/08 -2- residence. It is apprehended that petitioner will be tortured and he will be compelled to make self incriminating statement and hence this application is filed for anticipatory bail. 4. Learned Public Prosecutor submitted that there is no question of torturing or extracting any self incriminating statement from petitioner, since charge sheet is already laid and investigation is over. Petitioner is not required for the purpose of any investigation. The accused was absconding and hence he was shown as absconding accused while laying charge. In an offence of this nature, anticipatory bail may not be granted, it is submitted. 5. On hearing both sides, in the nature of the allegations made against petitioner, I find that it is not a fit to grant anticipatory bail to petitioner. However, taking into consideration the submission made by petitioner that he is prepared to surrender before the learned Magistrate and that he was not absconding, etc., an order is to be passed protecting his interest and hence the following order is passed:- Petitioner is directed to surrender before the Magistrate court concerned within seven days from today and if any bail application is filed, it shall be BA 5335/08 -3- disposed of as expeditiously as possible and without delay on merit. The application is disposed of as above. K. HEMA, JUDGE. mn.