IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 3342 of 2008() ----------------------------- CC.199/2001 of J.M.F.C.,VADAKKANCHERRY (LPR.108/2006) .................... PETITIONER/ACCUSED ----------------------------------- PRASANTH C.K., S/O.KOCHAPPAN C.I., CHIRAYATH HOUSE, P.O.PULLAZHI, THRISSUR. BY ADV. SRI.P.K.SAJEEV RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY S.I OF POLICE, WADAKKANCHERRY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.B.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3342 of 2008 ----------------------------------------- Dated this the 27th day of May, 2008 O R D E R This petition is for anticipatory bail. 2. A case is pending against the petitioner for offences under Sections 279 and 338 of the Indian Penal Code. He was granted bail by the Magistrate Court, but he was forced to go abroad for job during the pendency of the case. Hence, a non-bailable warrant was issued against the petitioner and a case was registered as L.P.R.No.108 of 2006 and non bailable warrant is pending against the petitioner. He is required for arrest. 3. It is submitted by learned counsel for petitioner that the petitioner is willing to surrender before the court and he may be granted anticipatory bail, failing which he will be remanded to custody. It is clear from the submissions made and the facts of the case that the petitioner's arrest is required consequent to a non- bailable warrant issued by a competent court having jurisdiction to do so. Admittedly, the warrant was issued since the petitioner was not available for trial. In the above circumstances, the petitioner may seek his remedy before the trial court itself and I am inclined B.A.3342/08 2 to grant anticipatory bail and interfere with the jurisdiction of the lower court. This petition is dismissed. K.HEMA, JUDGE vgs.