IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No.2913 of 2008 ( ) ----------------------------------- CRIME NO.464/03 OF ATTINGAL POLICE STATION .......... PETITIONER: ACCUSED NO.3 ----------------------------------- SUNIL, AGED 44 YEARS, S/O.VELUKUTTY PRAVEEN COTTAGE, THYCAUD P.O. THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT ----------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION THIRUVANANTHAPURAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2913 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. Petitioner is the third accused in Crime No.464/03 of Attingal Police Station registered for offences under Sections 55(a) and (i) and under Section 56(b) of the Abkari Act. The investigation in the case is already over and Annexure-A is the Final Report in the said case. Despite the fact that the crime is registered in 2003 and the investigation also is completed and Final Report also is submitted before court, the investigating agency has not been able to apprehend the petitioner and the prayer in the Final Report is to issue warrant as against A1 to A3 which suggests that they could not be apprehended even at the time of submission of the Final Report. It is beyond comprehension that for the last about five years the investigating agency could not apprehend accused Nos.1 to 3 except it be for reason of wilful avoidance of their arrest for reasons best known to the investigating officers themselves. There is no reason why B. A. No.2913 of 2008 -2- anticipatory bail sought for is to be refused to the petitioners as for proceeding with trial of the case, his presence also is required as otherwise the case will have to be dragged on for several years. In the result, allowing this application, I direct that the petitioner shall surrender before the Magistrate concerned positively on or before 13/5/2008 and shall deposit by way of cash security an amount of Rs.25,000/- and shall thereafter execute bail bond for Rs.50,000/- with two solvent sureties each for the like sums to the satisfaction of the Magistrate. On the above conditions being satisfied the petitioner can be enlarged on bail. On release, the petitioner shall appear in the court below where Final Report in Crime No.464/03 of Attingal Police Station is filed, on all posting dates of the case without fail till disposal of the case by the Magistrate. Any failure in that regard shall entail forfeiture of the amount of security being forfeited and the petitioner and his sureties being proceeded against under Section 446 of the Cr.P.C. K.P.BALACHANDRAN, JUDGE kns/-