IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8983 of 2011() ----------------------------- CC.387/2008 of J.M.F.C.-I, KOLLAM CRIME NO.546/2007 OF KILIKOLLOOR POLICE STATION. .................... PETITIONER/ACCUSED NO.1 ---------------------------------- PRADEEN,S/O.PRABHAKARAN,CHIRAYIL THODIYIL VEEDU,MANGADU CHERRY, MANGADU VILLAGE, KOLLAM. BY ADV. SRI. K.SHAJ RESPONDENT/COMPLAINANT ----------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 31 2. SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, KOLLAM. 04 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8983 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in C.C.No.387/2008 on the file of Judicial First Class Magistrate's Court, Kollam, in Crime No.546/2011 of Kilikolloor Police Station for offences under Sections 143, 147, 148, 452, 323, 324 and 326 r/w Section 149 IPC. Apprehending arrest and detention, the petitioner seeks an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, it is revealed that the petitioner, who was granted regular bail did not appear before the trial Court and as a result, non bailable warrant was issued against the petitioner. In the above circumstance, I find that the petitioner is not entitled to the relief sought for. Therefore, this petition is B.A. NO. 8983 OF 2011 2 disposed of with direction to the petitioner to surrender before the Magistrate concerned within a week and apply for regular bail, which the learned Magistrate shall dispose of, as far as possible, on the same day itself, provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk