IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 2218 of 2010() ----------------------------- CC.502/2006 of J.M.F.C.,KUTHUPARAMBA .................... (S): PETITIONRE ------------------------------ ABOOBACKER SAYED, S/O.MAMMAD, RESIDING AT RAHMATH MANZIL, KOIYAAD AMSOM,EDAYAAR DESOM, (WITHIN THE LIMIT OF KANNAVAM POLICE STATION, KANNUR DISTRICT. BY ADV. SRI.K.M.MOHAMMED KUNHI RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2218 of 2010 ---------------------------------------------- Dated 24th May, 2010. O R D E R This petition is for anticipatory bail. 2. Petitioner is accused No.1 in the case. Charge sheet was laid against him and warrant is issued by court and he is apprehending arrest. 3. Learned counsel for the petitioner submitted that the complaint itself was filed when petitioner was working abroad. Charge sheet was also filed against him while he was abroad and a warrant was issued against him since he did not appear before court. He could not appear in court since he was not aware of the institution of the proceedings and he did not receive any summons. Petitioner is prepared to appear before court and cooperate with the trial, but if petitioner is arrested, he will be put to difficulties and hence anticipatory bail may be granted, it is submitted. Learned counsel also submitted that petitioner is abroad even now and he may require one month’s time to come to India. 4. On hearing both sides, I am satisfied that BA NO.2218/10 2 proceedings were initiated while petitioner was not available in India and petitioner could not appear in court due to reasons beyond his control. In such circumstances, considering the peculiar facts and circumstances of the case, I am satisfied that in the interests of justice, anticipatory bail is to be granted on conditions. Hence, the following order is passed : Petitioner shall surrender before the Magistrate Court concerned within one month from today and he shall be released on bail on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on condition that petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs