Shiju vs State Of Kerala on 5 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5622 of 2008()


1. SHIJU, S/O.SUKUMARAN AGED 24 'KAVITHA
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE SUB
                       ...       Respondent

                For Petitioner  :SRI.DENIZEN KOMATH

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :05/09/2008

 O R D E R
                             K.HEMA, J.
                    ------------------------------
                       B.A. No.5622 OF 2008
                    ------------------------------
            Dated this the 5th day of September, 2008


                              O R D E R

This petition is for anticipatory bail.

2. The petitioner along with others committed various

offences on a hartal day and a crime was registered against the

petitioner and others under Sections 143, 147, 148, 149, 353 of

Indian Penal Code and Section 3(2)(c) of The Prevention of

Damage to Public Property Act, 1984, as crime No.518 of 2003 of

Malayinkeezhu police station.

3. Learned counsel for the petitioner submitted that the

petitioner completed his plus two course and he joined in the

defence service and he is working as an army personnel. He

came back home on leave and he has to return on 15.08.2008.

In the meantime, he came to know that a warrant is pending

against him and he is an accused in a case in connection with an

incident in which there was a mob attack on a hartal day. The

petitioner is absolutely innocent of the allegations made and he

was not aware of the pendency of the case before the trial court.

B.A.5622/2008
2

He has not received any summons and as a person working in the

defence service, he was not absconding. But the police has shown

him as absconding in the charge sheet and an arrest warrant is

issued and he is required for arrest in connection with a non

bailable offence. He is apprehending such arrest.

4. Learned Public Prosecutor submitted that the charge

sheet is lodged as early as on 30.12.2003 and the case is taken

on file as C.C.No.92 of 2004 by the Judicial First Class Magistrate

Court, Kattakkada. The petitioner was shown as absconding and

warrant is pending against him.

On hearing both sides, I am satisfied that the petitioner

apprehends arrest on an accusation of having committed non

bailable offence and he cannot be treated as absconding, as he

was working in defence service and hence the following order is

passed :

Petitioner shall surrender before Magistrate court

within 7 days from today and, if any bail application

is filed, he shall be released on bail on his executing

bond for Rs.25,000/- with two solvent sureties each

B.A.5622/2008
3

for like sum to the satisfaction of the learned

Magistrate.

The petition is allowed.

K.HEMA, JUDGE

pac