IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Bail Appl..No. 7968 of 2008() --------------------------------------- CRIME NO.418/2004 OF VADAKARA POLICE STATION ................... PETITIONER/ACCUSED.NO.14. ------------------------------------------- YOOSAF KURUMBAT, S/O.KUNHI MOOSA, PARAKKADAV AMSOM, THANAKKOTTUR DESOM, KOZHIKODE DISTRICT. BY ADV. MR.P.SANJAY RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPD. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ K.HEMA, J. -------------------------------- B.A. No.7968 OF 2008 -------------------------------- Dated this the 19th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 427, 324, 307 read with 149 of I.P.C. and 3 and 5 of the Explosive Substances Act. Petitioner is the accused in C.P. No.25/2008 and he is accused no.23 in the case. According to prosecution, on 06.07.2004 at 1 p.m., accused persons 29 in number formed into an unlawful assembly and in prosecution of the common object of the unlawful assembly, committed house trespass into the hospital and a bomb was thrown, destroyed the articles in the hospital and assaulted the Doctor and the other employees in the hospital using weapons like reaper, stone etc. and attempted to commit murder. This was done as retaliation to the death of one Mrs.Hajira, who died following the delivery at the hospital due to negligence of Doctor and hospital staff. 3. Learned Public Prosecutor submitted that the incident happened on 06.07.2004, about 5 years have elapsed now. The B.A.No.7968 of 2008 2 charge sheet is already submitted on 31.03.2006. Petitioner was absconding and he could not be arrested so far. Hence, this is not a fit case to grant anticipatory bail, it is submitted. On going through the petition, it appears that petitioner is ready and willing to surrender before the court in connection with the above case. According to him, anticipatory bail is given to a co-accused as per order dated 18.04.2008 in B.A.No.2502 of 2008 and hence, petitioner may be granted anticipatory bail. On considering the rival contentions, it is not clear under what circumstance, petitioner is apprehending arrest. May be, there is a warrant issued from the committal court, since the accused was absconding. In such circumstances, it may not be proper on the part of this court to grant anticipatory bail to a person who has absconding. If petitioner has absconded, it is for him to substantiate the cause before the committal court itself. Granting of anticipatory bail to a co-accused as per Annexure A order is not a ground to grant anticipatory bail to petitioner. On going through the order, I could not find anything therein which will persuade me to grant anticipatory B.A.No.7968 of 2008 3 bail to petitioner. Considering the nature of the allegations made and the stage of the case, the conduct of the accused in not co-operating with the proceedings, the long delay in approaching this court etc., I am not inclined to grant anticipatory bail . Hence, the following order is passed :- i) Petitioner shall surrender before the Magistrate court concerned and co-operate with the proceedings. Whether he surrenders or not, police is at liberty to execute the warrant if any issued, by the committal court and proceed in accordance with law. ii) No further application for anticipatory bail by petitioner in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac