IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 23 of 2010() --------------------------- C.C.NO.432/2005 OF THE ADDITIONAL JUDICIAL FIRST CLASS MAGISTRATE COURT, KAVALI (ANDHRA PRADESH) PETITIONER/ACCUSED: --------------------------------------- K.P.SATHAR, S/O.MAMMIKUTTY HAJI, AGED 48 YEARS, BUSINESS, RESIDING AT ZAREENA MANZIL, NEAR S.N.COLLEGE, THOTTADA, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION. 3. SRI.PRASANNA SUNDARA LAKSHMI INDUSTRIES REPRESENTED BY ITS MANAGING PARTNER, RAW & BOILED RICE MILL, INDUSTRIAL ESTATE, KAVALI, ANDHRA PRADESH. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.23 of 2010 ----------------------------------------- Dated this the 5th day of January, 2010 ORDER It is stated that the petitioner is an accused in C.C.No.432 of 2005 on the file of the court of the Additional Judicial Magistrate of the First Class, Kavali in Andhra Pradesh. It is also stated that the offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act, which is a bailable offence. The petitioner states that non bailable warrant was issued against him in C.C.No.432 of 2005 referred to above and he apprehends arrest in execution of the non bailable warrant. The limited prayer made by the petitioner is to grant him a breathing time to appear before the court having jurisdiction in Andhra Pradesh and to seek appropriate reliefs, and to issue a direction not to arrest the petitioner till then. The request is just and reasonable. In the facts and circumstances of the case, there will be a direction that the petitioner will not be arrested in execution of the non bailable warrant issued in C.C.No.432 of 2005 on the file of the court of the Additional Judicial Magistrate of the First BA No.23/2010 2 Class, Kavali, Andhra Pradesh for a period of three weeks, only for the purpose of enabling the petitioner to appear before the court having jurisdiction and to seek regular bail. The Bail Application is disposed of as above. K.T.SANKARAN, JUDGE csl