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.
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Bail Application No.2218 of 2010
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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