IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Bail Appl..No. 7999 of 2008(B) ------------------------------------- CRIME NO.126/08 OF THE AROOR POLICE STATION PETITIONER : ---------------- SANTHOSH.K.R., AGED 30 YEARS, S/O.RAMAKRISHNAN, KALLAMPARAMBIL HOUSE, ANICAD P.O., MALLAPPILLY TALUK. BY ADV. SRI.ESM.KABEER RESPONDENTS/COMPLAINANT : -------------------------------------- 1. SUB INSPECTOR OF POLICE, AROOR POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.SALIM P.A. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7999 OF 2008 ------------------------------ Dated this the 2nd day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 279 and 304(A) of I.P.C. Learned Public Prosecutor submitted that petitioner was arrested on 13.03.2008 and he was released on bail also, the offence is being bailabale, and that charge is also laid on 26.03.2008 and the case is pending as C.C.No.342 of 2008. 3. Learned counsel for petitioner submitted that the petitioner is apprehending arrest. On hearing both sides, it appears that if the petitioner apprehends arrest, it may only be in pursuance of a non bailable warrant issued by the court, on his failure to appear before the court. Though offence only bailable, his arrest is required pursuant to a warrant issued by court and not accusation of any non bailable offence. Hence, anticipatory bail cannot be granted. B.A.No.7999 of 2008 2 The petitioner shall surrender before the Investigating Officer within 4 days from today and co-operate with the trial. Any petition for anticipatory bail by the petitioner will not be entertained hereafter. The petition is dismissed. K.HEMA, JUDGE pac