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. 326 of 2009() ---------------------------------- CC.428/2008 of J.M.F.C.-I, PERAMBRA CRIME NO.443/2005 OF PERAMBRA POLICE STATION .................... PETITIONER/1ST ACCUSED : ---------------------------------- VINEETH KUMAR T.V., PALLIYARAKKANY, P.O.KOOTAHLI, VIA-PERAMBRA, KOZHIKODE DIST. BY ADV. SRI.C.VALSALAN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA,REPRESENTED BY PUBLLIC 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.326 OF 2009 ---------------------------- 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 294(b), 324, 498A read with 34 of I.P.C. Petitioner (first accused) along with other accused allegedly inflicted matrimonial cruelty on the defacto complainant. 3. Learned counsel for petitioner submitted that accused nos.2 and 3, who are parents-in-law of the defacto complainant were acquitted by the trial court, on finding that it is a false case. Petitioner is the first accused and he was working in Gulf and hence, he could not appear before the court for trial. Non bailable warrant was issued against him and hence, this petition. 4. Learned Public Prosecutor submitted that the crime is of the year 2006 and petitioner has not co-operated with the trial. On hearing both sides, I am satisfied that petitioner is required for arrest, consequent to a non bailable warrant B.A.No.326 of 2009 2 issued by a competent court, since he was absconding. Anticipatory bail can be granted only in cases, where petitioner apprehends arrest for having committed a non bailable offence. The arrest apprehended and the offence committed must have direct nexus with each other. In this case, petitioner apprehends arrest because a warrant is issued by the court, since he is absconding. Going by the language of Section 438 Cr.P.C., therefore, anticipatory bail cannot be granted in a case of this nature. However, I make it clear that if petitioner has any sustainable grounds to advance, he may do so before the trial court on his surrender and at the time when bail application is filed. Consideration for grant of bail and anticipatory bail are different. None of the observations made in this order on merit, if any, may not stand in the way of disposal of any bail application filed before learned Magistrate, if there are sufficient grounds to grant bail. Petitioner shall surrender before the Magistrate court concerned without any delay and co-operate with the trial. B.A.No.326 of 2009 3 Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this observation, the petition is dismissed. K.HEMA, JUDGE pac