IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Bail Appl..No. 3895 of 2010() ----------------------------- (CRIME NO.180/2006 IF KOLATHUR POLICE STATION) PETITIONER/ACCUSED NO.2 ------------------------------------------- SHAHUL HAMEED,S/O.KOMUKUTTY,KARUVAKATTIL HOUSE,ALINCHUVADU,KUTTIPURAM,KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.SHIRAZ ABDULLA RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3895 OF 2010 -------------------------------- Dated this the 30th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 489 B and C r/w 34 of IPC. According to prosecution, petitioner(A2), along with two others, tried to hand over Rs.1,000/- to a shop owner, after purchase of articles worth Rs.81/-. Shop owner got suspicious and the matter was informed to police. Police came and arrested all the accused and on investigation, it is revealed that petitioners committed the above offence. 3. Learned counsel for petitioner submitted that co-accused are already acquitted. There is no material to show that petitioner was in possession of the fake currency note knowing it to be fake. It is also submitted that petitioner was away from India in connection with his job abroad and hence, non-bailable warrant was issued. He is prepared to surrender before the court, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was granted bail by this court and he absconded. Thereafter, non-bailable warrant was issued by the lower court and hence, anticipatory bail may not be granted. B.A No.3895 OF 2010 2 5. On hearing both sides and on considering the various facts, I find that crime was registered as early as in 2006 and petitioner was once granted bail and he jumped bail. He is sought to be arrested in pursuance of a non-bailable warrant issued by the trial court, since he was absconding. There is nothing to show that the said order is illegal. Petitioner is bound to appear before the court and co-operate with trial. Section 438 of Cr.P.C can be invoked only if the person apprehends arrest on an accusation of having committed a non-bailable offence. That stage is over. He was arrested on such accusation and bail was also granted. Hence, on the facts of this case, anticipatory bail is not remedy. Petitioner may approach the lower court itself for appropriate relief. Petition is dismissed. K.HEMA JUDGE vdv