IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Bail Appl..No. 3691 of 2008() ----------------------------- CRIME NO.149/2008 OF DHARMADOM POLICE STATION PETITIONER/ACCUSED ----------------------------------- P.SATHEESAN, AGED 50 YEARS, S/O.KRISHNAN, SREYAS, P.O.MAVILAI, KANNOOR. BY ADV. SRI.T.M.ABDUL LATHEEF SMT.MIJI JOHN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, DHARMADOM POLICE STATION, DHARMADOM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3691 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2008 O R D E R Application for anticipatory bail 2. Petitioner is an accused in a case which is pending before the Judicial Magistrate of the First Class, Thalassery. He was granted bail on 12-6-2006. Thereafter, he did not appear before the lower court. Hence, steps were taken under sections 82 and 83 of the Cr.P.C. and thereafter the case was removed to the register of L.P. cases. Non bailable warrant is pending against him and hence he apprehends arrest. 3. The learned counsel for the petitioner submitted that the petitioner was granted bail at the crime stage and no summons were received by the petitioner after filing of charge sheet. Hence, he did not appear before the court and there is no willful default. 4. On hearing both sides, it is clear that this is a case where the petitioner apprehends arrest only on account of a lawful order issued by a court. If the petitioner has a case that he had not received any summons, it BA 3691/08 -2- is for him to satisfy the lower court for the same by surrendering before the court. Anticipatory bail is not the remedy. The petitioner may seek his remedy before the court below itself, if so advised. Accordingly, the application is dismissed. K. HEMA, JUDGE. mn.