IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 645 of 2009()
1. ROY JOSEPH,S/O.JOSEPH, AGED 35 YRS,
... Petitioner
Vs
1. STATE OF KERALA-(CRIME NO.296/2004 OF
... Respondent
For Petitioner :SRI.SUNIL NAIR PALAKKAT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :11/02/2009
O R D E R
K. HEMA, J.
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B.A. No. 645 of 2009
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Dated this the 11thday of February, 2009
O R D E R
Petition for bail.
2. The alleged offence is under section 8(2) of the Abkari
Act. According to prosecution, petitioner (A1) along with 2nd
accused was found transporting 525 litres of spirit in a car on
28-11-2004 and petitioner was arrested from the spot.
3. Petitioner was released on bail in the crime stage and,
thereafter, he failed to appear during the committal
proceedings. Non bailable warrant was issued and he appeared
and he was released on bail again. Petitioner failed to appear in
court continuously and hence, the case was entered in the
register of long pending cases. Notice was issued to the sureties
and the sureties produced petitioner before the court. Therefore,
the learned Additional Sessions Judge found that petitioner was
deliberately avoiding appearance and the court refused to grant
bail.
4. Learned counsel for petitioner submitted that
petitioner did not receive any summons from the court. It is also
submitted that petitioner surrendered by himself before court.
5. This petition is opposed. Learned Public Prosecutor
submitted that the case is of the year 2004 and it will be ripe for
BA 645/09 -2-
trial and at this stage, petitioner is released on bail, it is likely
that he may abscond again.
6. On hearing both sides, particularly on going through
the order of the learned Sessions Judge, I find that it is not fit to
grant anticipatory bail at this stage, since it is likely that
petitioner may abscond. Petitioner’s presence could be procured
only when he was produced by the sureties after the court issued
notice to the sureties. Petitioner shall surrender before the trial
court and may move the court concerned, if so advised, for
expeditious disposal of the case.
This petition is dismissed.
K.HEMA, JUDGE.
mn.