IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Bail Appl..No. 3397 of 2010() ----------------------------- AGAINST IN L.P 144/2009 IN ST.118/2007 of C.J.M.,KOLLAM .................... (S): ACCUSED --------------------------- RIYAS, S/O. ZACHARIA, THOKALA HOUSE, KAYYALAKAT WARD, IRAVIPURAM.P.O, KOLLAM. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE BRANCH MANAGER, GOKULAM CHIT FUNDS, KOTTIYAM, KOLLAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3397 of 2010 ---------------------------------------------- Dated 9th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 138 of the Negotiable Instruments Act. Petitioner is the accused in a case registered in the year 2007. Since petitioner was not available for trial, non-bailable warrant was issued against him and the case was transferred to the register of long pending cases as L.P.No.144/09. Petitioner apprehends arrest and hence, this petition. 3. On hearing both sides, I am satisfied that petitioner's presence is sought to be procured for the purpose of trial by issuing a non-bailable warrant by the trial court. Petitioner has not been able to establish that the said order is illegal. Since petitioner's presence is required as per a lawful warrant issued by a competent court, it may not be proper for this Court to exercise powers under Section 438 of the Criminal Procedure Code to grant anticipatory bail. Petitioner may seek his remedy before the trial court itself. Petition is dismissed. K.HEMA, JUDGE. tgs