IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 7790 of 2008() ----------------------------- C.C.NO.7081/06 OF METROPOLITAN MAGISTRATE COURT, EGMORE PETITIONER ------------------- C.K.VISWANTHAN, AGED 54 YEARS, S/OKESAVAN, KUMBUKKAL HOUSE, ANIKKAD.P.O, KANJIRAPPALLI, KOTTAYAM. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): ---------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLIKKATHODE POLICE STATION, KOTTAYAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7790 of 2008 ----------------------------------------- Dated this the 20th January, 2009 O R D E R This petition is for anticipatory bail. 2. This petition is filed alleging that petitioner apprehends arrest in C.C.No.7081 of 2006 of Metropolitan Magistrate Court, Egmore, Chennai. The alleged offence is under Section 138 of the Negotiable Instruments Act. 3. It is clear from the submissions made that petitioner is involved in a bailable offence and he apprehends arrest on account of the warrant lawfully issued by the court. Therefore, he is not entitled for anticipatory bail, going by the language of Section 438 Cr.P.C. Learned counsel for petitioner submitted on the earlier posting that petitioner wanted time for surrendering before the court at Chennai and learned Public Prosecutor had also undertaken that petitioner will not be arrested till the disposal of this petition. Today when the case was called, there is no representation for petitioner. Hence, the following order is passed: BA.7790/08 2 Petitioner shall surrender before the Magistrate Court concerned without any delay. Whether he surrenders or not, police is at liberty to arrest him at any time in execution of the warrant issued, if any. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.