Accused No.10 in Crime No.562 of 2006 of Kayamkulam Police Station has filed this Bail Application under Section 438 of the Code of Criminal Procedure.

2. The offences alleged against the petitioner and the other accused persons are under Sections 143, 144, 147, 148, 149, 323, 324, 302 and 120B of the Indian Penal Code, Section 7(b) and 27(2) of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. Learned Public Prosecutor submitted that the charge was laid in the case on 9.12.2008. It would appear that non-bailable warrant was issued by the Judicial Magistrate of the First Class, Kayamkulam against the petitioner. The learned Public Prosecutor submitted that the appropriate remedy of the petitioner would be to move the court which issued the non-bailable warrant.

4. Learned counsel for the petitioner relied on the decision of the Supreme Court in Bharat Chaudhary v. State of Bihar ( (2003) 8 SCC 77 = (2003 (3) KLT 956 (SC)) and contended that an application for anticipatory bail is maintainable even after the charge sheet is filed. In paragraph 7 of the judgment, the Honourable Supreme Court held thus:

"From the