IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Bail Appl..No. 3512 of 2008(G) ------------------------------ ST.623/2006 of J.M.F.C.-VIII, TRIVANDRUM .................... PETITIONER/ACCUSED: ------------------------------------ G. VISHNU DAS, AGED 41 YEARS, S/O. GOPALA PILLAI, RESIDING AT B1, NEMOM POLICE QUARTERS, NEMOM, TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVT.PLEADER SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3512 of 2008 ----------------------------------------- Dated this the 26th day of May, 2008 O R D E R This petition is filed under Section 438 of the Code of Criminal Procedure. 2. Petitioner is the accused in a case before the Magistrate's Court for offence under Section 138 of the Negotiable Instruments Act. He is wanted by the police for execution of a non-bailable warrant issued against him by the trial court. It is submitted by learned counsel for petitioner that the petitioner had not received summons from the court and hence proceedings under Sections 82 and 83 Cr.P.C were initiated. He is prepared to surrender before the court below, but he apprehends detention. 3. In a case where the petitioner is required for production before the court, pursuant to a non-bailable warrant issued by a competent court, I am inclined to grant anticipatory bail unless there are strong grounds to do so. The petitioner has not established that he did not receive summons. If the court below finds that the summons was not actually served on the petitioner, it is needless to say that he is entitled for bail and the trial court itself will grant bail. Hence, this Court will not interfere with the BA.3512/08 2 functioning of the trial court in accordance with law. 4. Any way, the matter will be looked into by the trial court in case of the petitioner surrenders before the trial court and if an application is filed for bail. The petition shall also be disposed of as expeditiously as possible. With these observations, this petition is disposed of. K.HEMA, JUDGE vgs.