IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Bail Appl..No. 3549 of 2009() ------------------------------------------- C.C.NO.1760/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALUVA, ERNAKULAM DISTRICT. .......... (CRIME NO.1122/2004 OF ALUVA POLICE STATION) PETITIONER:4TH ACCUSED: ------------------------------------------------- VIMAL VARGHESE, THANNIKODU HOUSE, NEAR POWER HOUSE ROAD, ALUVA - 1. BY ADVS. MR.J.JULIAN XAVIER, MR.FIROZ K.ROBIN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ALUVA. R1 & R2 BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== B.A.No.3549 OF 2009 =========================== Dated this the 2nd day of July,2009 ORDER Petitioner was the fourth accused in C.C.314/2005 on the file of Judicial First Class Magistrate Court-I, Aluva. As he was absconding the case as against the accused 2,3, and 5 to 7 were tried and the case as against the petitioner and the first accused were refiled as C.C.1760/2008. As per Annexure I judgment accused 2, 3 and 5 to 7 were acquitted. This petition is filed under section 438 of Code of Criminal Procedure for anticipatory bail. 2. Learned counsel appearing for the petitioner was heard. 3. When a non-bailable warrant is pending against the petitioner as he was absconding, it is not for this court to invoke the extra ordinary jurisdiction under section 438 of Code of Criminal Procedure and grant him anticipatory bail. The remedy of the petitioner is to surrender before the Magistrate and apply for bail. When an absconding accused surrenders and files an application for bail, Magistrate is expected to pass B.A.3549/2009 2 orders in the application without delay. I find no reason to believe that Magistrate will not act in accordance with law or is unaware of the provisions of law or the decisions of this Court or the Apex Court. In such circumstance, no direction is also warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006