IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5078 of 2009() ------------------------------------------ CC.1134/2008 of J.M.F.C. - II, CHALAKUDY CRIME NO.230/2007 OF CHALAKUDY POLICE STATION. .................... PETITIONER/3RD ACCUSED: --------------------------------------- SABU, AGED 27 , S/O. DEVASSY, KAVUNGAL HOUSE, PERAMBRA, KODAKARA VILLAGE, THRISSUR DIST. BY ADV. SRI.M.R.DHANIL RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31 2. STATE OF KERALA , REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5078 of 2009 ------------------------------------ Dated this the 10th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the 3rd accused in C.C.No.1134/2008 on the file of the Court of the Judicial Magistrate of the First Class, Chalakkudy (Crime No.230/2007 of Chalakkudy Police Station). 2. The offences alleged against the petitioner are under Sections 143, 147, 148 and 149 of the Indian Penal Code and Section 3(2) of the P.D.P.P. Act. 3. It is submitted that there are five accused persons in the case. Accused Nos.1, 4 and 5 alone were available for trial and they were acquitted. Now a non-bailable warrant is issued against the petitioner. At this juncture, the petitioner has filed this Application for Anticipatory Bail. 4. The remedy of the petitioner is to approach the court which has issued the warrant. The only limited prayer made by the petitioner is that if the petitioner surrenders before the court, there may be a direction to consider his B.A. No.5078 /2009 2 application for bail on the same date. I do not think that the court will not dispose of the application on the date on which it is filed. It is not necessary to issue any specific direction in this Bail Application. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm