IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Bail Appl..No. 3496 of 2008() ----------------------------- CRIME NO. 22/2005 OF PANOOR POLICE STATION LP.63/2007 of ADDL.C.J.M.,THALASSERY .................... PETITIONER/ACCUSED ----------------------------------- HAZEER, S/O.UMMER, PANNIANNOOR, CHOKLI, THALASSERY. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3496 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2008 O R D E R Petitioner is the 1st accused. The alleged offences are under sections 498A read with section 109 IPC. The case was included in the long pending register and is numbered as L.P.No.63/2007, since the petitioner was not available for trial. Since he apprehends arrest, petitioner seeks anticipatory bail. The co-accused are already acquitted by the court below. 2.The petitioner is required for arrest only because a non-bailable warrant is issued by a court of competent jurisdiction, since evidently the petitioner was absent before the court for trial. In such circumstances the petitioner's remedy is before the lower court itself. I am not inclined to grant anticipatory bail in a case where the petitioner's arrest is required for execution of a non-bailable warrant issued by the court below. The application is dismissed. K. HEMA, JUDGE. mn.