IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3342 of 2008()
1. PRASANTH C.K., S/O.KOCHAPPAN C.I.,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.K.SAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :27/05/2008
O R D E R
K.HEMA, J.
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B.A.No.3342 of 2008
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Dated this the 27th day of May, 2008
O R D E R
This petition is for anticipatory bail.
2. A case is pending against the petitioner for offences under
Sections 279 and 338 of the Indian Penal Code. He was granted bail
by the Magistrate Court, but he was forced to go abroad for job
during the pendency of the case. Hence, a non-bailable warrant was
issued against the petitioner and a case was registered as
L.P.R.No.108 of 2006 and non bailable warrant is pending against
the petitioner. He is required for arrest.
3. It is submitted by learned counsel for petitioner that the
petitioner is willing to surrender before the court and he may be
granted anticipatory bail, failing which he will be remanded to
custody. It is clear from the submissions made and the facts of the
case that the petitioner’s arrest is required consequent to a non-
bailable warrant issued by a competent court having jurisdiction to
do so. Admittedly, the warrant was issued since the petitioner was
not available for trial. In the above circumstances, the petitioner
may seek his remedy before the trial court itself and I am inclined
B.A.3342/08 2
to grant anticipatory bail and interfere with the jurisdiction of the
lower court.
This petition is dismissed.
K.HEMA, JUDGE
vgs.