High Court at Ernakulam dismissed an application for anticipatory bail rejecting it as a fit case due to serious allegations and the petitioner's prolonged absence, direction given to surrender within seven days.
Anticipatory bail denied; petitioner directed to surrender before the Magistrate Court within seven days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE K.HEMA
TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930
Bail Appl..No. 6053 of 2008(F)
---------------------------------------CRIME NO.36/2007 OF MANJESWARAM POLICE STATION
PETITIONER :
AZAR, S/O. ABDUL SAMAD, AGED 23 YEARS, HIDAYATHU NAGAR, UPPALA, KASARAGOD TALUK.
BY ADV. SRI.P.NARAYANAN
RESPONDENT :
STATION HOUSE OFFICER, MANJESWARAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J.
B.A. No.6053 OF 2008
Dated this the 21st day of October, 2008
O R D E R
This petition is for anticipatory bail.
308 read with Section 34 of IPC. According to prosecution, the petitioner along with other accused in further of common intention assaulted the defacto complainant after trespassing into his house. All the accused were armed with weapons like iron rod, knife etc. The petitioner is the fourth accused.
B.A.6053 of 2008
2
iron rod, knife etc. Specific allegation is made against the petitioner, who is the fourth accused in the crime. The incident occurred on 23.01.2007 and the petitioner was absconding for a long time and he was not available for arrest. Hence it is not a fit case to grant anticipatory bail, it is submitted.
On hearing both sides, considering the nature of allegations made and the other facts and circumstances, I find that it is not a fit case to grant anticipatory bail.
The petitioner shall surrender before the Magistrate court concerned within seven days from today.
With this direction, this petition is dismissed.
K.HEMA, JUDGE
pac
2 issues framed by the court
Whether the case warrants the grant of anticipatory bail given the serious nature of allegations and the petitioner's status as an absconding accused.
What is the condition for surrender if anticipatory bail is refused.
AZAR
STATION HOUSE OFFICER, MANJESWARAM POLICE STATION
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
