IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 Bail Appl..No. 5161 of 2009(A) ------------------------------------------ (CRIME NO. 137/02 OF CHALAKKUDY POLICE STATION, C.C. NO.1522/2009 OF J.F.C.M. COURT CHALAKKUDY) ............... PETITIONER/ACCUSED NO.1: ------------------------------------------ KANNAN, AGED 42 YEARS, S/O. THANKAPPAN, KATTUTHARA HOUSE, METHALA P.O., KODUNGALLOOR, THRISSUR DISTRICT. BY ADV. MR.M.B.PRAJITH. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, CHALAKKUDY POLICE STATION. (CRIME NO.137 OF 2002), THRISSUR. R1 & R2 BY PUBLIC PROSECUTOR MR. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== B.A.No. 5161 OF 2009 =========================== Dated this the 18th day of September,2009 ORDER Petitioner is the absconding accused in C.C.1522/2009 on the file of Judicial First Class Magistrate Court, Chalakkudy. This petition is filed under section 438 of Code of Criminal Procedure for anticipatory bail. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. The argument of the learned counsel appearing for the petitioner is that all the other accused were acquitted after trial and in such circumstance petitioner be released on bail in the event of his arrest. 4. When an absconding accused against whom a non- bailable warrant is pending he has to surrender before the concerned Magistrate and apply for regular bail. He is not entitled to an order under section 438 of Code of Criminal Procedure. I find no reason to believe that if co-accused are acquitted after trial and the petitioner surrenders, he will not be granted bail. Petitioner is at liberty to surrender before the B.A.No.5161/2009 2 Magistrate and seek bail. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006