IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7956 of 2008()
1. SATHEESAN S/O. VELUKUTTY, MANACALPUTHEN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :18/02/2009
O R D E R
K.HEMA, J.
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B.A.No. 7956 of 2009
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Dated this the 18th February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148,
149, 395, 436 and 452 of the Indian Penal Code. Petitioner is
the 19th accused in Crime no.100/92 of Poonthura Police
Station. Since he was absconding, the case was transferred to
the register of long pending cases as L.P.No.72/97, on the file
of the Judicial First Class Magistrate Court, Trivandrum.
Petitioner apprehends arrest and hence, this petition.
3. This petition is opposed. Learned Public Prosecutor
submitted that the crime is of the year 1992 and petitioner was
absconding all these 16 years. He is not entitled for
anticipatory bail, it is submitted.
4. On going through the contention raised and the order
passed by the learned Sessions Judge in Annexure-II order, I
do not find any reason to grant anticipatory bail. Anticipatory
bail is not intended to be extended to persons, who are
absconding for long period of 16 years without any reason.
BA.7956/08 2
The learned Sessions Judge has observed that petitioner has
not substantiated the reason for not co-operating with the
investigation or trial. On the facts of this case, I am least
inclined to grant anticipatory bail. Petitioner is bound to
appear before the Magistrate Court concerned and co-operate
with the investigation. Hence, the following order is passed:
(1) Petitioner shall surrender before the
investigating officer and co-operate with the
investigation. Whether he surrenders or not,
police is at liberty to arrest him and proceed
in accordance with law.
(2) No further application for anticipatory bail
by petitioner in this crime will be
entertained by this Court.
Petition is dismissed.
K.HEMA, JUDGE
vgs.