IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Bail Appl..No. 2734 of 2010() ----------------------------- CP.10/2008 of J.F.M.C. - I, PONNANI .................... (S): PETITIONER ------------------------------ NISHAR, S/O.SIDHI, PADINJAREPURACKKAL, AYIRUR AMSOM PERUMPADAPPU, BEACH ROAD, PONNANI TALUK PALAPPETTY PO, MALAPPURAM DISTRICT BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE PERUMAPDAPPU POLICE STATION, PONNANI, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2734 of 2010 ---------------------------------------------- Dated 23rd June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 324 and 308 read with Section 149 of the Indian Penal Code. According to prosecution, petitioner (A1) along with seven other accused, assaulted defacto complainant and committed various offences. The first accused used iron road. 3. On hearing both sides, it appears that petitioner apprehends arrest on issuance of a non-bailable warrant from the Magistrate Court, since he failed to appear, in obedience to the summons issued. Learned counsel for petitioner submitted that petitioner had not received any summons and hence anticipatory bail may be granted. 4. Section 438 of the Criminal Procedure Code can be invoked only if arrest is apprehended on accusation of commission of a non-bailable offence and not in pursuance of a non-bailable warrant issued by the court to procure the presence of an accused who is evading process. Petitioner has not made BA NO.2734/10 2 out any ground to show that the warrant issued is unlawful. In such circumstances, I am not inclined to grant anticipatory bail, since it may affect the lawful proceedings initiated by the committal court. Petitioner shall surrender before the Magistrate Court without any delay and seek appropriate relief. Petition is dismissed. K.HEMA, JUDGE. tgs