IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 3027 of 2009 CRIME NO.257 OF 2007 OF KAZHAKOOTAM POLICE STATION, THIRUVANANTHAPURAM PENDING ON THE FILES OF THE JFCM II, ATTINGAL AS C.C.NO.968 OF 2007. PETITIONER/ACCUSED -------------------------------------- JACKSON D'COSTA, S/O.JOSEPH D'COSTA, AGED 45 YEARS, RESIDING AT HOUSE NO.115, ST.MICHAEL LANE, PALLITHURA (WITHIN THE JURISDICTION OF THUMBA POLICE STATION). BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3027 OF 2009 ------------------------------------------------------ Dated this the 10th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in C.C.No.968 of 2007, on the file of the Court of the Judicial Magistrate of the First Class II, Attingal. 2. The offence alleged against the petitioner is under Section 498A and 306 of the Indian Penal Code. It is stated that he was released on bail at the crime stage. Later, he did not appear before Court and warrant was issued by the Court against the petitioner. The Bail Application is filed under these circumstances. 3. The petitioner states that no summons was received by him. The petitioner can very well state these facts before the Court which issued the warrant and seek for withdrawal of the warrant; or else he has got an alternate remedy to file a Criminal Miscellaneous Case. I do not think that the Bail Application under Section 438 of the Code of Criminal Procedure is the proper remedy in these circumstances. B.A. NO.3027 OF 2009 :: 2 :: The Bail Application is accordingly dismissed with liberty to the petitioner to resort to the other remedies available to him. (K.T.SANKARAN) Judge ahz/