IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 2837 of 2010() ------------------------------------------ CC.597/2008 of J.M.F.C.-III(MOBILE),KANNUR CRIME NO.18/2008 OF RAILWAY POLICE STATION, KANNUR. .................... PETITIONER (S): ACCUSED -------------------- LEJEESH,S/O.K.BALAN,AGED 29, KALIAARAMBIL,PACHAKKAD,ANANGOOR, KASARAGOD VILLAGE,TALUK AND DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.2837 OF 2010 ----------------------------------- Dated this the 27th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. Petitioner is accused in CC.597/08 before the Magistrate Court. The offence alleged is under section 379 IPC. 3. According to the petitioner, he was granted bail by the Magistrate court and was bound to appear before the Magistrate Court on 29.3.2010. On that day he could not appear due to reasons beyond his control. 4. On hearing both sides, I find that petitioner was already granted bail by the Magistrate court and non bailable warrant was issued against him for his arrest, since he failed to appear in the court on the date fixed for his appearance. The warrant is issued in the normal course by the court because of his failure to appear in court. Such warrant is to be executed, unless it is illegal. Petitioner has not challenged the order issuing warrant and he has no case that it is illegally issued. In such circumstances, I am not inclined to exercise my discretion u/s.438 Cr.P.C. to grant bail B.A. No.2837/10 2 since it will amount to interference with the judicial discretion exercised by the Magistrate Court. 5. The petitioner is bound to appear before the trial court and he is at liberty to put forward all contentions before the said court. I am confident that if the relevant matters are brought before the Magistrate Court, appropriate orders will be issued by the Magistrate court itself. But it may not be proper to grant anticipatory bail, in the circumstances explained above. 6. Petitioner shall appear at the Magistrate Court without any delay and may seek bail, if so advised, in which event, the court shall take into consideration all the contentions raised and dispose of the bail petition as expeditiously as possible, preferably on the same day. This petition is disposed of accordingly. K. HEMA, JUDGE. Sou.