High Court Kerala High Court

Aboobacker Sayed vs State Of Kerala on 24 May, 2010

Kerala High Court
Aboobacker Sayed vs State Of Kerala on 24 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2218 of 2010()


1. ABOOBACKER SAYED, S/O.MAMMAD, RESIDING
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, THROUGH THE PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.K.M.MOHAMMED KUNHI

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :24/05/2010

 O R D E R
                              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