IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 6344 of 2009 CASE NO.394 OF 2008 PENDING BEFORE THE CHIEF METROPOLITAN MAGISTRATE, KOLKATA. PETITIONER: ACCUSED: ---------------------------- RAJESH, AGED 33 YEARS, S/O.RAMAN NAIR, AMMASSAM HOUSE, KADIKKAD AMSOM, CHERAYI DESOM, P.O.ANDATHODU, PUNNAYOORKULAM VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.P.G.SURESH RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE VADAKKEKADU POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6344 OF 2009 ------------------------------------------------------ Dated this the 13th day of January, 2010 O R D E R The petitioner has filed this Bail Application under Section 438 of the Code of Criminal Procedure seeking for anticipatory bail. It is stated that the petitioner is an accused in Case No.394 of 2008, pending before the Chief Metropolitan Magistrate, Kolkata. The petitioner states that he had not received any summons. It is stated that non-bailable warrant was issued by the Court. The petitioner apprehends arrest in execution of the non-bailable warrant. 2. A Division Bench of this Court in Madhusoodan v. Supdt. of Police ((1992(2) KLT 83) held that the Court within whose jurisdiction the person who apprehends arrest resides can grant an order under Section 438 of the Code of Criminal Procedure, though the offence was committed within the territorial jurisdiction of another High Court. Learned counsel for the petitioner submits that the offence alleged against the petitioner is under Section 420 of the Indian Penal Code. B.A. NO. 6344 OF 2009 :: 2 :: 3. In the facts and circumstances of the case, I am of the view that the only relief that can be granted to the petitioner is to issue a direction not to arrest the petitioner in execution of the non-bailable warrant issued by the Chief Metropolitan Magistrate, Kolkata in Case No.394 of 2008, for a period of one month from today, so as to enable the petitioner to move the appropriate court for appropriate reliefs. 4. Accordingly, there will be a direction to the respondent not to arrest the petitioner for a period of one month from today in connection with Case No.394 of 2008, pending before the Chief Metropolitan Magistrate, Kolkata. The Bail Application is disposed of as above. (K.T.SANKARAN) Judge ahz/