IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 2958 of 2010() ----------------------------- (CRIME NO.232/2007 OF LALGUNDA POLICE STATION, SECUNDRABAD, ANDHRA PRADESH) PETITIONER/ACCUSED -------------------------------------- PRASHANTH D.P., S/O.D.PRAKASH, HOUSE NO.81, PATTATHUVILA, PRATHEEKSHA NAGAR, KILLI KALOOR P.O., KOLLAM- 4. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS: --------------- 1. THE STATION HOUSE OFFICER, LALGUNDA POLICE STATION, SECUNDRABAD, ANDHRA PRADESH. 2. STATE OF KERALA, THROUGH THE SUPERINTENDENT OF POLICE, RURAL, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.2958 OF 2010 ----------------------------------- Dated this the 21st day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. According to petitioner he apprehends arrest on the strength of non-bailable warrant issued by a Magistrate court in Andhra Pradesh and Superintendent of Police, Kerala is seeking his arrest. Petitioner's presence is is required in crime No.232/07 and three years have elapsed and his presence could not be procured. Anticipatory bail may be granted, it is submitted. 3. On hearing both sides, it appears that petitioner failed to appear before the court at Andhra Pradesh in obedience to the summons and hence non bailable warrant was issued. Petitioner did not challenge the validity of order issuing the warrant by the court at Andhra Pradesh. Petitioner's presence is sought to be procured in execution of a lawful non-bailable warrant issued by a court, and I do not think it fit to grant anticipatory bail by exercising discretion u/s.438 of Cr.P.C. This petition is dismissed. K. HEMA, JUDGE. Sou.