IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Bail Appl..No. 7920 of 2008(F) ------------------------------------- CC 1358/2008 OF JUDICIAL FIRST CLASS MAGISTRATE, GAYA PETITIONER/ACCUSED : ---------------------------- ABDUL LATHEEF.V.M. ANASWARA METAL AND GIFTS, GOOLIKADAVU, AGALY. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE : ----------------------------------------------- 1. DEEPAK KUMAR, S/O.PRABHAT KUMAR, PURANI GODOWN, GAYA BIHAR, 2. SUB INSPECTOR OF POLICE, AGALI POLICE STATION. 3. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7920 OF 2008 ------------------------------ Dated this the 27th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420 and 404 of I.P.C. Petitioner is an accused before the Judicial First Class Magistrate Court in Gaya in Bihar state. 3. During the pendency of this petition, petitioner requested for time to surrender before the court concerned and two weeks' time was granted as per order dated 13.01.2009. When the case is taken up for hearing, there is no representation for petitioner, continuously on the two consecutive posting. On hearing learned Public Prosecutor, I am satisfied that it is not a fit case to grant anticipatory bail, since it appears that petitioner is required for arrest in execution of a non bailable warrant issued by a court of competent jurisdiction. Hence, petitioner is directed to surrender before the Magistrate court concerned without any delay and co-operate with the B.A.No.7920 of 2008 2 trial. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE pac