IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 Bail Appl..No. 3802 of 2009() -------------------------------- CRIME NO. 385 OF 2007 OF KOIPPURAM POLICE STATION PETITIONER:- ------------------- PONNUSWAMY, AGED 70 YEARS, KOCHUTHUNDIYIL HOUSE, PULLAD MURI, KOIPPURAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K. JAYARAJ RESPONDENT/COMPLAINANT: ------------------------------------------- KERALA STATE, REPRESENTED BY SUB INSPECTOR OF POLICE, KOIPPURAM POLICE STATION, PATHANAMTHITTA DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZE PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln M.SASIDHARAN NAMBIAR. J. ------------------------------- B.A. No. 3802 of 2009 ------------------------------------ Dated this the 13th day of July, 2009 O R D E R This is a petition filed under Section 438 of the Code of Criminal Procedure apprehending arrest. Learned public prosecutor submitted that as petitioner was absconding after cognizance was taken for the offences under Sections 323, 324 and 326 of Indian Penal Code non-bailable warrant was issued and is pending. When a non bailable warrant is issued by the Magistrate against an absconding accused remedy of the petitioner is to approach that court and file an application for Regular Bail. Petitioner is not entitled to Anticipatory Bail. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE ln