IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6440 of 2008()
1. RAMESH, AGED 38 YEARS, S/O.CHAMI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/11/2008
O R D E R
K.HEMA, J.
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B.A.No.6440 of 2008
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Dated this the 20th November, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147,
148, 323 and 324 read with Section 149 IPC. According to
prosecution, petitioner (A10) along with 14 others, formed into
an unlawful assembly and assaulted the defacto complainant. A
chain from defacto complainant’s neck was snatched away by the
second accused. The incident occurred on 23.12.2002.
3. On hearing both sides, it is clear that petitioner
absconded, after release on bail on executing a bond and he
failed to appear in court and proceedings were initiated against
him under Sections 82 and 83 of Crl.P.C. Therefore, it cannot be
said that petitioner is apprehending arrest on accusation of any
non bailable offence. His arrest is required for execution of non
bailable warrant issued by a court of law because of non-
appearance in court. Anticipatory bail can be granted only if
petitioner apprehends arrest on accusation of commission of a
BA No. 6440/2008 2
non bailable offence. The apprehension of arrest in this case is
not on account of commission of a non bailable offence. The
nature of offence committed has only a remote connection with
the apprehended arrest and it has no direct nexus to the arrest
sought for. Hence, anticipatory bail cannot be granted to the
petitioner. His remedy is elsewhere.
The petition is dismissed.
K.HEMA, JUDGE
csl