IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 524 of 2010() ------------------------------------------ C.C.NO.708/2007 OF ADDL.JUDICIAL MAGISTRATE OF FIRST CLASS COURT, RAMACHANDRAPURAM, ANDHRA PRADESH TRANSFERRED TO JUDICIAL MAGISTRATE OF FIRST CLASS COURT, ANAPARTHY, ANDHRA PRADESH AND RENUMBERED AS CC NO.356 OF 2009. ............ PETITIONER/IST ACCUSED: ------------------------------------------ ABDUL RASHEED, S/O.LATE ABDUL SHUKKOOR, AGED 46 YEARS, PROPRIETOR, TRIVANDRUM TRADING COMPANY, SABHAPATHYKOVELA STREET, CHALAI, THIRUVANANTHAPURAM AND RESIDING AT TC 43/784, MUMTAZ MANZIL, KALLATTUMUKKU, MANACAUD.P.O., THIRUVANANTHAPURAM. BY ADV. MR.C.S.MANU RESPONDENT(S): STATE: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, FORT POLICE STATION, CHALAI, THIRUVANANTHAPURAM. 2. STATION HOUSE OFFICER, FORT POLICE STATION, CHALAI, THIRUVANANTHAPURAM. 3. OFFICER-IN CHARGE, RAMACHANDRAPURAM POLICE STATION, ANDHRA PRADESH. 4. OFFICER-IN CHARGE, ANARPATHY POLICE STATION, ANDHRA PRADESH. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 524 of 2010 ------------------------------------ Dated this the 28th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, filed by the accused in C.C.No.356 of 2009 on the file of the court of the Judicial Magistrate of the First Class, Anaparthy, Andhra Pradesh. 2. It is submitted that the complaint was originally filed before the Court of the Additional Judicial Magistrate of the First Class, Ramachandrapuram, Andhra Pradesh, where it is numbered as C.C.No.708/2007. That case was subsequently transferred to the Court of the Judicial Magistrate of the First Class, Anaparthy. 3. It is submitted that the complaint was filed under Section 138 of the Negotiable Instruments Act. The learned counsel for the petitioner submitted that a non-bailable warrant was issued by the Magistrate's court. The petitioner apprehends arrest in execution of the non-bailable warrant and therefore, he has filed this application for anticipatory bail. 4. The court having jurisdiction is the court in Andhra Pradesh. The only prayer made by the learned counsel for the B.A. No. 524 /2010 2 petitioner is that the petitioner may be afforded an opportunity either to surrender before the court of the Judicial Magistrate of the First Class, Anaparthy or to seek other remedies in the court having jurisdiction. It is submitted that for that purpose, one month's time may be granted. The counsel also submitted that the case now stands posted to 18/2/2010 before the Magistrate's court. 5. In the facts and circumstances of the case, I am of the view that the limited relief prayed for by the petitioner is just and reasonable. There will be a direction to the respondents not to arrest the petitioner till 20/2/2010 in execution of the non- bailable warrant issued in C.C.No.356/2009 on the file of the court of the Judicial Magistrate of the First Class, Anaparthy, Andhra Pradesh, to enable the petitioner to appear before that court or to seek appropriate legal remedies. The Bail Application is disposed of as above. Issue copy of this order to both sides. K.T. SANKARAN, JUDGE scm