IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH APRIL 2008 / 27TH CHAITHRA 1930 Bail Appl..No. 2340 of 2008() --------------------------------- L.P.NO. 39/2002 of J.F.M.C., ADOOR PETITIONER: ACCUSED ------------------------ JOSEPH JOHN, AGED 49 YEARS S/O.YOHANNAN, CHAKKILETHU, OMALLOOR VILLAGE. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. DARLY K.THOMAS, KULANGARA PUTHEN VEEDU ERATHU VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI. C.M. KAMAPPU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ----------------------------------------------- B.A. No. 2340 OF 2008 ----------------------------------------------- Dated this the 16th day of April, 2008 JUDGMENT This petition is filed by the accused in CC No. 817 of 1996 on the file of the Judicial First Class Magistrate, Adoor. The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act. The petitioner was earlier granted bail and he did not appear before the Court and went to gulf countries without getting sanction from the court. Hence non- bailable warrant was issued and case was subsequently transferred to Long Pending register. This petition is filed for anticipatory bail under Section 438 of the Code of Criminal Procedure. When the petitioner was granted bail and he absconded, he cannot be granted anticipatory bail. Petitioner is at liberty to move for regular bail before the Magistrate. If the petitioner files an application for bail, learned Magistrate to pass appropriate orders, in accordance with law, without any delay, considering the fact that offence is bailable one. M. SASIDHARAN NAMBIAR, JUDGE ttb WPC No. 6246 OF 2008 2 WPC No. 6246 OF 2008 3 WPC No. 6246 OF 2008 4