IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 7084 of 2008() ----------------------------- AGAINST THE ORDER DATED / / IN LPR.136/2007 IN CP.11/2006 of J.M.F.C., KODUNGALLUR CRIME NO. 639/2005 OF MATHILAKOM POLICE STATION PETITIONER/ACCUSED NO.2:- --------------------------------------------- MUNEER, S/O. MOHAMMED ALI, CHERUPANACKAL HOUSE, CHAMAKKALA, EDATNHURUTHY VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, MATHILAKOM POLICE STATION, THRISSUR DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7084 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 323, 324, 308 read with section 34 IPC and 27 of the Arms Act. Petitioner was released on bail and later, he failed to appear and hence, the case was split up and entered in the register of long pending cases as L.P.no.11/2006. Petitioner now apprehends arrest, since non bailable warrant is issued against him. 3. On hearing both sides, it is clear that petitioner is apprehending arrest, since warrant was issued against him from the court. Apprehension of arrest is not an accusation of commission of non bailable offence. Apprehension of arrest has no direct nexus to the offence allegedly committed. The immediate cause for arrest is the issuance of warrant by the court. Anticipatory bail can be granted only in cases where arrest is apprehended on accusation of having committed non bailable offence. Therefore, anticipatory bail cannot be granted and the remedy of petitioner is elsewhere. 4. Learned counsel for petitioner submitted that he may be permitted to withdraw this petition. After having filed an anticipatory bail application and having subjected to the BA 7084/08 -2- jurisdiction of this Court, and having absconded for a very long time, petitioner cannot be allowed to withdraw the petition. Learned counsel for petitioner submitted that petitioner may be permitted to surrender before the Magistrate Court. It is needless to say that for an accused to surrender before the court, permission from the High Court is not necessary at all. It is left to the accused to surrender, especially since warrant is issued against petitioner. Petitioner shall surrender before the Magistrate court concerned at the earliest. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law) With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.