IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 148 of 2010() ----------------------------------------- ICC CASE NO.68/2005 OF SDJM SAMBALPUR, ORISSA. ............ PETITIONER/ACCUSED: -------------------------------------- SHAHUL HAMEED, AGED 65 YEARS, THATTAPARAMBIL, THURAVOOR.P.O, CHERTHALA. BY ADV. MR.B.PRAMOD RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 148 of 2010 ------------------------------------ Dated this the 8th day of January, 2010 O R D E R It is stated that the petitioner is the accused in ICC Case No.68/2005 on the file of the Court of SDJM, Sambalpur, Orissa. 2. The learned counsel for the petitioner submitted that the case was initiated on a complaint filed by one Rani Appari under Section 138 of the Negotiable Instruments Act. The petitioner received the summons in 2005. It is stated that he arranged a lawyer to defend the case. The petitioner states that he was laid up due to cardiac ailments, diabetes and hypertension. Therefore, he could not follow up the case properly. Now a non-bailable warrant is issued by the court. The petitioner apprehends arrest in execution of the non- bailable warrant and therefore he has filed this Bail Application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 3. When a non-bailable warrant is issued by a court in another state, normally no relief under Section 438 of the B.A. No. 148 /2010 2 Code of Criminal Procedure would be granted in respect of the case. The only prayer made by the petitioner is to grant breathing time so that he can appear before the court concerned and seek appropriate relief. The request is just and reasonable. Accordingly, there will be a direction that the non-bailable warrant issued by SDJM court Sambalpur in Orissa in ICC Case No.68/2005 shall not be executed for a period of one month in order to enable the petitioner to appear before the court concerned and to seek appropriate relief. The Bail Application is disposed of as above. K.T. SANKARAN, JUDGE scm