IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Bail Appl..No. 865 of 2009() ---------------------------- SC.184/2005 of ASST. SESSIONS COURT, MAVELIKKARA CRIME 161/2008 OF KURATHIKAD POLICE STATION .................... PETITIONER/ACCUSED: -------------------- SHAJI, AGED 46 YEARS, S/O. CHELLAPPAN, PUTHEVILAYIL VEEDU, AKKANATTUKARA MURI, THAZHAKARA VILLAGE, MAVELIKARA TALUK. BY ADV. MR. K.JAISHANKAR RESPONDENTS/COMPLAINANTS: --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KURATHIKAD POLICE STATION, MAVELIKKARA, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- B.A.No. 865 OF 2009 -------------------------------------------------- Dated this the 27th day of February, 2009 O R D E R Petitioner is the first accused in S.C. 184 of 2005 pending before Assistant Sessions Court, Mavelikkara. When the petitioner who was released on bail failed to appear on three consecutive posting days, learned Assistant Sessions Judge, cancelled the bail and issued non bailable warrant. This petition is filed under section 438 of Code of Criminal Procedure. 2. Learned counsel appearing for petitioner is heard. 3. Petitioner is not entitled to get anticipatory bail when a non bailable warrant was issued by Assistant Sessions Court in a pending sessions case after cancelling the bail on his failure to appear as undertaken in the bond executed by him while releasing him on bail. It is for the petitioner to appear before the Assistant Sessions Judge and seek bail. Petition is dismissed. If the petitioner appears and files an application, Assistant Sessions Judge, Mavelikkara to pass appropriate order without delay. M. SASIDHARAN NAMBIAR, JUDGE okb