IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Bail Appl..No. 131 of 2009(B) ---------------------------------------- (SUM.CR.CASE.NO.111/2005 OF THE CHIEF JUDICIAL MAGISTRATE COURT, DAMAN) ........... PETITIONER/ACCUSED: ---------------------------------- HARISHANKAR.P., AGED 31 YEARS, S/O.LATE SANKARA PILLAI, SREENIKETHAN, THATTAMALA P.O., KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.B.S.SIVAJI. RESPONDENTS: ----------------------- 1. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM 2. THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, KILIMANOOR THIRUVANANTHAPURAM DISTRICT. 3. THE STATION HOUSE OFFICER, DAMAN POLICE STATION, DAMAN. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2009, ALONG WITH BAIL APPL. NOS.132/2009 & 133/2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ----------------------------------------- B.A.No. 131 of 2009, B.A.No.132 of 2009 & B.A.No.133 of 2009 ----------------------------------------- Dated this the 15th January, 2009 O R D E R These petitions are for bail. 2. The alleged offence is under Section 138 of the Negotiable Instruments Act. Petitioner apprehends arrest in a bailable offence since a non-bailable warrant was issued by the court which is competent to issue such an order. Section 438 Cr.P.C cannot be invoked in such fact situation. 3. Learned counsel for petitioner submitted that petitioner has not received any summons and that petitioner is prepared to surrender before the Magistrate Court and he requires 30 days time to appear before the court at Mumbai. Hence, an order may be granted under Section 438 Cr.P.C, which will be in force for such period, it is submitted. 4. On hearing both sides, I find that petitioner is bound to surrender before the Magistrate Court concerned without any delay, and on the facts of this case, this Court cannot interfere with the proceedings of the lower court by invoking Section 438 Cr.P.C. Petitions are dismissed. K.HEMA, JUDGE vgs.