IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 2217 of 2010 C.C.NO.848/SS/07 ON THE FILE OF THE COURT OF THE METROPOLITAN MAGISTRATE 33RD COURT AT BALLARD ESTATE, MUMBAI. PETITIONER: ACCUSED NO.2: -------------------- PREETHA S.BABU, AGED 41 YEARS, W/O.SURESH BABU, AMBATTU HOUSE, KOTTAPPADY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.VIJAI MATHEWS SRI.MARTIN PAUL RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VOLTAS LIMITED HAVING ITS OFFICE AT VOLTAS HOUSE B, 2ND FLOOR, TB KADAM MARG, CHINCHPOKLI, MUMBAI-400 033, THROUGH MR.KISHORE NARAYAN PRADHAN, SENIOR EXECUTIVE- SALES & MARKETING, MUMBAI BR.-UPBG. R2 BY ADV. SRI.S.K.AJAY KUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2217 OF 2010 ------------------------------------------------------ Dated this the 7th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner apprehends arrest in execution of the non-bailable warrant issued in C.C.No.848/SS/07, on the file of the Court of the Metropolitan Magistrate 33rd Court at Ballard Estate, Mumbai. The complaint was filed by the second respondent against the petitioner and others under Section 138 of the Negotiable Instruments Act. The petitioner is the second accused in the case. 2. The learned counsel for the petitioner submitted that the petitioner is prepared to surrender before the Court having jurisdiction and apply for regular bail. It is stated in the Bail Application that the petitioner has two daughters, of whom, the elder one is mentally challenged. Annexure A3 medical certificate is produced in support of that contention. The only prayer made by the petitioner in this Bail Application under Section 438 of the Code of Criminal Procedure is to grant a month's time to enable the petitioner B.A. NO. 2217 OF 2010 :: 2 :: to surrender before the Court having jurisdiction at Mumbai and to seek regular bail there. Sri.K.S.Ajayakumar, learned counsel appearing for the second respondent submitted that the second respondent has no objection for the prayer made by the petitioner, provided the petitioner surrenders before the Court having jurisdiction. 3. Taking into account the facts and circumstances of the case, there will be a direction that in the event of the arrest of the petitioner in connection with C.C.No.848/SS/07, on the file of the Court of the Metropolitan Magistrate 33rd Court at Ballard Estate, Mumbai, the petitioner shall be released on her executing bond for Rs.25,000/-. The petitioner shall surrender before the Metropolitan Magistrate having jurisdiction at Mumbai within a period of one month from today. No further orders are required in the case. The Bail Application is disposed of as above. (K.T.SANKARAN) Judge ahz/