IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6447 of 2008(C) -------------------------------------- CRIME NO.489/2008 OF NEYYATTINKARA POLICE STATION PETITIONER/ACCUSED : ----------------------------- SURESHKUMAR, S/O.MADHAVAN, AGED 41, SARAMMA VILASOM, A.V.LANE, AVANAKKUZHI, ADIYANNOOR VILLAGE, NOW RESIDING AT AISWARYA NIVAS KAYYAMVILA, ANAMAROM VALICHA, KANJIRAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.D.ASOKAN RESPONDENTS/COMPLAINANTS : ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SR.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6447 OF 2008 ------------------------------ Dated this the 6th day of November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 506(1), 354 and 427 of I.P.C According to prosecution, on 31.08.2008 at 1 a.m. petitioner trespassed into the house of defacto complainant and criminally intimidated him and molested defacto complainant's wife by pulling her nighty and also committed mischief in the house. 3. Learned counsel for petitioner submitted that petitioner was arrested and produced before the Magistrate court on 15.09.2008 and he was granted bail on condition that he shall appear before Investigating Officer on every day. He could not appear for two days, since he was laid up. He filed an application through his counsel praying for lifting the condition imposed. The case was adjourned to 30.09.2008 for appearance of the petitioner and he could not appear because of his treatment. He had also filed application to condone his absence but the court below issued a non bailable warrant B.A.6447 of 2008 2 against petitioner and he apprehends arrest. 4. This petition is opposed. Learned Public Prosecutor submitted that no ground exists to grant anticipatory bail. On hearing both sides, I am satisfied that petitioner apprehends arrest not on accusation of having committed any non bailable offence but he apprehends arrest only because he committed breach of bail bond executed by him and also violated the direction issued by the Magistrate court. Warrant is issued to compel his presence in the court. Therefore going by the language in Section 438 of Cr.P.C., on the facts of this case, the said provision cannot be invoked for granting of anticipatory bail. No ground to exists to grant anticipatory bail. The remedy of the petitioner is elsewhere. This petition is dismissed. K.HEMA, JUDGE pac