IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 405 of 2010() -------------------------------- PETITIONER/ACCUSED: --------------------------- SIJO THALIYAN, R/O 2/73, THALIYAN HOUSE, 73 VATHAKKAD, THURAVOOR, ANGAMALY, KOCHI. BY ADV. SRI.M.R.SASITH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY. 3. COMMISSIONER OF POLICE, DELHI NATIONAL CAPITAL TERRITORY OF DELHI. 4. COMMISSIONER OF POLICE, KOCHI. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.405 of 2010 ------------------------------ Dated this the 18th day of February, 2010 ORDER It is stated that the petitioner is the accused in C. C. No. 654/01 of 2009 on the file of the Court of the Additional Chief Metropolitan Magistrate, Delhi. The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act. It is stated that the petitioner received summons directing him to appear on 06.08.2009. The petitioner did not appear before the Court. Non bailable warrant was issued by the learned Magistrate. The petitioner apprehends arrest in execution of the non bailable warrant. Therefore, he has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The limited prayer made by the petitioner is that he may be afforded an opportunity to appear before the Additional Chief Metropolitan Magistrate, Delhi and to apply for bail or to resort to other legal remedies. It is submitted that a breathing time may be granted to the petitioner to appear before the Court. It is submitted that till then a direction not to arrest the petitioner B.A.No.405 of 2010 2 may be issued. The request is just and reasonable. In the facts and circumstances of the case, there will be a direction to the second respondent not to arrest the petitioner in execution of the non bailable warrant issued by the Court of the Additional Chief Metropolitan Magistrate, Delhi in Complaint Case No. 654/01 of 2009 filed by Esys Information Technologies Pvt. Limited, through it's Authorized Representative, Shri Abhishek Singh, for a period of three weeks to enable the petitioner to appear before the court of the Additional Chief Metropolitan Magistrate, Delhi or to resort to other legal remedies. Accordingly, the Bail Application is disposed of as above. K.T. SANKARAN, JUDGE ln