IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3397 of 2010()
1. RIYAS, S/O. ZACHARIA,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE BRANCH MANAGER,
For Petitioner :SRI.P.K.MUHAMMED
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :09/06/2010
O R D E R
K.HEMA, J.
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Bail Application No.3397 of 2010
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Dated 9th June, 2010.
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 138 of the
Negotiable Instruments Act. Petitioner is the accused in a case
registered in the year 2007. Since petitioner was not available for trial,
non-bailable warrant was issued against him and the case was
transferred to the register of long pending cases as L.P.No.144/09.
Petitioner apprehends arrest and hence, this petition.
3. On hearing both sides, I am satisfied that petitioner’s
presence is sought to be procured for the purpose of trial by issuing a
non-bailable warrant by the trial court. Petitioner has not been able to
establish that the said order is illegal. Since petitioner’s presence is
required as per a lawful warrant issued by a competent court, it may
not be proper for this Court to exercise powers under Section 438 of
the Criminal Procedure Code to grant anticipatory bail. Petitioner may
seek his remedy before the trial court itself.
Petition is dismissed.
K.HEMA, JUDGE.
tgs