IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 192 of 2009() ---------------------------------------- (C.C.NO.739 OF 1999 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, KATTAKADA) PETITIONER(S): ACCUSED: -------------------------------------------- M.V. SOMARAJAN, AMBATHUMVILA VEEDU, KUTTICHAL P.O., THIRUVANANTHAPURAM. BY ADVS. MR.S.M.PREM, SMT.K.P.SANTHI, MR.S.S.HUSSAIN. RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 192 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 323, 324 and 354 read with section 34 IPC. Petitioner is the 1st accused in C.C. no.739/99 on the file of the Judicial Magistrate of the First Class-II, Kattakada. This petition is filed on the allegation that he apprehends arrest. 3. Learned Public Prosecutor submitted that offences involved are bailable offences and hence, petitioner is not entitled for anticipatory bail. It is also submitted that as per the instruction, the case is finally disposed of. 4. Learned counsel for petitioner submitted that non bailable warrant is issued against petitioner and he apprehends arrest and hence, this petition for anticipatory bail. 5. It appears that petitioner is required for the trial of the case, which is taken on file as early as in 1999, and petitioner is absconding. Petitioner is bound to surrender before the Magistrate Court concerned without any delay. In a case involved bailable offences, anticipatory bail cannot be granted, going by the language of Section 438 Cr.P.C. Hence, the following order is passed:- BA 192/2009 -2- 1) Petitioner is directed to surrender before the Magistrate Court concerned without any delay. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court, since on the facts in this case, this Court ordered that this is not a fit case to grant anticipatory bail and any order to the contrary in any subsequent anticipatory bail application will amount to review, which is impermissible in law. The petition is dismissed. K.HEMA, JUDGE. mn.