IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Bail Appl..No. 7799 of 2008 ------------------------------------ CRL.M.C.1661/2008 OF SESSIOINS COURT, THALASSERY .................... PETITIONER/ ACCUSED ---------------------------------- JAMSHAD.C.C, S/O.USSAIN KUTTY, AGED 27 YEARS,RESIDING AT CHEKKINTAKATH CHERIYA, IRIKKUR AMSOM, DEOSM, KANNUR DIST. BY ADV. SRI.GEORGIE SIMON RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REP.BY SHO OF MATTANNUR POLICE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.7799 of 2008 ------------------------------------------ Dated, this the 14th day of January, 2009 ORDER Petition for anticipatory bail. 2. Alleged offences are under Sections 143, 147, 148, 324, 326 and 308 read with Section 149 of the Indian Penal Code. According to the prosecution, petitioner (A4) along with other accused formed themselves into an unlawful assembly and assaulted the defacto complainant and committed the various offences. 3. The incident occurred as early as on 21.11.2005 and the petitioner has approached this Court for anticipatory bail at a highly belated stage. It appears that warrant was issued against the petitioner and he is required for the purpose of trial. It may not be proper on my part to intervene at this stage and hence I am not inclined to grant anticipatory bail. 3. There is no representation for the petitioner continuously for the second consecutive posting. 4. Hence the following order is passed: 1. i) Petitioner is directed to surrender before the trial court B.A.No.7799 of 2008 2 within seven days from today and co-operate with the trial. Whether he surrenders or not, police is at liberty to arrest him and execute the warrant issued by the Court. ii) Petition is dismissed. K.HEMA, JUDGE vns