IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 Bail Appl..No. 2096 of 2010() ----------------------------- CC.1547/2008 OF SPECIAL JUDICIAL MAGISTRATE COURT, MEERUT, UTTAR PRADESH ......................... PETITIONERS : -------------------- 1. CATHERINE JOSEPH, PROPRIETRIX, M/S EBEN -EZER TEXTILES, ODAMPILLY ROAD, THOPPUMPADY, KOCHI-5. 2. K.JOSEPH, S/O.K.ANTONY, ODAMPILLY ROAD, THOPPUMPADY, KOCHI-5. BY ADV. SRI. ASHIK K. MOHAMMED ALI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. THE STATION HOUSE OFFICER, PARTAPUR POLICE STATION, MEERUT, UTTAR PRADESH. 3. THE STATION HOUSE OFFICER, KOTWALI POLICE STATION, MEERUT, UTTAR PRADESH. 4. M/S DEVI HANDLOOM FACTORY, KHANDAK STREET, PS KOTWALI, MEERUT, HAVING ITS BRANCH OFFICE AT RITHANI, PS PARTAPUR, MEERUT, REPRESENTED BY ITS PARTNER, DEEPAK RASTOGI. R1 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ----------------------------------------------------- Bail Application No.2096 of 2010 ----------------------------------------------------- Dated this the 6th day of January, 2011 ORDER Petitioners, who are accused No.1 & 2 in C.C. No.1547 of 2008 on the file of the Special Judicial Magistrate, Meerut, Uttar Pradesh, for an offence punishable under Sec.420 I.P.C., seek anticipatory bail. 2. Eventhough with regard to a case pending before a court located beyond the territorial limits of the State of Kerala, this Court has no jurisdiction to grant anticipatory bail unless the petitioners are sought to be arrested within the limits of State of Kerala, in view of the decision Madhusoodan v. Superintendent of Police. (1992(2) KLT 83) appropriate orders can be passed to the police charged with the duty of executing the arrest warrant to grant bail to the petitioners and to ensure the presence of the petitioners before the court concerned located outside Kerala. The petitioners are accordingly directed to surrender before the SHO, Kochi Cusaba (Palluruthy) and each of them shall execute a bond for `15,000/- B.A.No.2096/2010 2 (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Officer concerned in the event of their arrest by the said Police pursuant to the warrant issued by the trial court on their undertaking that they shall surrender before the trial court on or before 07/03/2011. Hand over copy to Public Prosecutor. V.RAMKUMAR, JUDGE skj