IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Bail Appl..No. 3616 of 2010() ----------------------------- CC.289/2009 of J.M.F.C.-I MUVATUPUZHA .................... (S): PETITIONER/IST ACCUSED ------------------------------------------ PRADEEP, AGED 32 YEARS, S/O.NARAYANAN PILLAI, KALARICKAL VEEDU, THODAPARAMBU, PERUMBAVOOR, ERNAKULAM DIST. BY ADV. SRI.PAUL JACOB SRI.K.R.MURALI SRI.PEARL K.DAVIS SRI.M.A.ANZAR SRI.K.M.AJITH RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, PIRAVOM POLICE STATION, PIRAVOM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3616 of 2010 ---------------------------------------------- Dated 18th June, 2010. O R D E R This petition is for anticipatory bail. 2. A case was registered against petitioner(A1) on the allegation that he, along with another, committed offence under Section 379 read with Section 34 of the Indian Penal Code. Petitioner was granted bail by the court, but later, he did not appear and hence, non-bailable warrant was issued against him. The case is transferred to the register of long pending cases, as L.P.26/10. 3. Learned counsel for petitioner submitted that petitioner could not appear in court only because he was sick and was under continuous treatment, as evidenced by medical certificates, Annexures I to III. Petitioner is prepared to surrender before the Magistrate Court and co-operate with the trial. 4. Learned Public Prosecutor submitted that the crime is of the year 1998 and petitioner was absconding. Petitioner was granted bail but he jumped bail. Hence, there is every chance for absconding, it is submitted. 5. On hearing both sides and on going to Annexure I to BA NO. 3616/10 2 III, it appears that petitioner has some ailment. But, I am not aware, under what circumstances, the court below has issued non-bailable warrant against petitioner. Petitioner is apprehending arrest not because he is accused of commission of a non-bailable offence. But, non-bailable warrant was issued to procure his presence before court, since petitioner jumped bail. Unless I am satisfied that non-bailable warrant issued is illegal, I am not inclined to interfere with the discretion of the trial court under Section 437 of the Criminal Procedure Code. 6. If anticipatory bail is granted without ascertaining the circumstances under which non-bailable warrant was issued, it may interfere with the lawful proceedings before the trial court. Hence, I am not inclined to grant anticipatory bail. Petitioner is at liberty to surrender before the Magistrate Court concerned and apply for bail under Section 437 of the Criminal Procedure Code and satisfy the court about the reason for his non-appearance etc. Petition is dismissed. K.HEMA, JUDGE. tgs