( 1 ) THIS is an application for anticipatory bail.

( 2 ) THE petitioner had apparently absconded. Proceedings under sections 82, 83 and 299 of the Code of Criminal Procedure (for short the code ) were held and the case was consigned to record room.

( 3 ) THE petitioner has been challaned in FIR No. 563/93 of Police Station Punjabi Bagh under section 279/338 IPC. He was summoned for 24. 5. 1996. The process server took the summons to the address earlier given by the petitioner himself i. e. H. NO. 3235, Dharampur, Gandhi Nagar. His father met him who informed that the petitioner was living at his in-law s house at H. Np. 9/1904 Gali No. 3, Kailash Nagar, Delhi. The process server went there and on making inquiry outside/neighbourhood of the house, he was informed that the petitioner was present inside his house. His mother-in-law met the process server who told him that the petitioner was not present at that time.

( 4 ) HIS surety appeared in Court on 24. 5. 1996 and took time to produce the accused. The accused was not produced. A notice under Section 446 of the Code was given to the surety on 20. 6. 1996. He chose not to file any reply to the notice. A penalty of