IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5622 of 2008() ----------------------------- (CRIME NUMBER NOT KNOWN OF MALAYINKEEZHU POLICE STATION, ` ` THIRUVANANTHAPURAM.) PETITIONER: ------------- SHIJU, S/O. SUKUMARAN, AGED 24 YEARS, 'KAVITHA BHAVAN',AZHAKAM, KANDALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS SRI.VINOD RAJ KUMAR RESPONDENT: ----------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZE, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5622 OF 2008 ------------------------------ Dated this the 5th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The petitioner along with others committed various offences on a hartal day and a crime was registered against the petitioner and others under Sections 143, 147, 148, 149, 353 of Indian Penal Code and Section 3(2)(c) of The Prevention of Damage to Public Property Act, 1984, as crime No.518 of 2003 of Malayinkeezhu police station. 3. Learned counsel for the petitioner submitted that the petitioner completed his plus two course and he joined in the defence service and he is working as an army personnel. He came back home on leave and he has to return on 15.08.2008. In the meantime, he came to know that a warrant is pending against him and he is an accused in a case in connection with an incident in which there was a mob attack on a hartal day. The petitioner is absolutely innocent of the allegations made and he was not aware of the pendency of the case before the trial court. B.A.5622/2008 2 He has not received any summons and as a person working in the defence service, he was not absconding. But the police has shown him as absconding in the charge sheet and an arrest warrant is issued and he is required for arrest in connection with a non bailable offence. He is apprehending such arrest. 4. Learned Public Prosecutor submitted that the charge sheet is lodged as early as on 30.12.2003 and the case is taken on file as C.C.No.92 of 2004 by the Judicial First Class Magistrate Court, Kattakkada. The petitioner was shown as absconding and warrant is pending against him. On hearing both sides, I am satisfied that the petitioner apprehends arrest on an accusation of having committed non bailable offence and he cannot be treated as absconding, as he was working in defence service and hence the following order is passed : Petitioner shall surrender before Magistrate court within 7 days from today and, if any bail application is filed, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each B.A.5622/2008 3 for like sum to the satisfaction of the learned Magistrate. The petition is allowed. K.HEMA, JUDGE pac