IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 642 of 2009() ---------------------------- ST.2439/2005 of J.M.F.C.-II,PALAKKAD .................... PETITIONER(S): ACCUSED: -------------------------------------------- ASHOKKUMAR, S/O.SAHADEVAN, VATTAPRAMBIL, HOUSE, NELLIKAD, NAGARIPURAM PO., PALAKKAD. BY ADVS. MR.K.M.KURIAN, MR.P.VIJAYAKUMAR. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MANKARA POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR MR. C.M. KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ----------------------------------------- B.A.No. 642 of 2009 ----------------------------------------- Dated this the 11th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 138 of the Negotiable Instruments Act, which is bailable offence. Petitioner apprehends arrest not on accusation of having committed any non bailable offence and hence, by language under Section 438 Cr.P.C, anticipatory bail cannot be granted. Petitioner is required for arrest consequent to a non bailable warrant issued by a court of competent jurisdiction. The petition is not maintainable. Petition is dismissed. K.HEMA, JUDGE vgs.