IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6344 of 2009()
1. RAJESH, AGED 33 YEARS, S/O.RAMAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.G.SURESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :13/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 6344 OF 2009
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Dated this the 13th day of January, 2010
O R D E R
The petitioner has filed this Bail Application under Section 438
of the Code of Criminal Procedure seeking for anticipatory bail. It is
stated that the petitioner is an accused in Case No.394 of 2008,
pending before the Chief Metropolitan Magistrate, Kolkata. The
petitioner states that he had not received any summons. It is stated
that non-bailable warrant was issued by the Court. The petitioner
apprehends arrest in execution of the non-bailable warrant.
2. A Division Bench of this Court in Madhusoodan v. Supdt.
of Police ((1992(2) KLT 83) held that the Court within whose
jurisdiction the person who apprehends arrest resides can grant an
order under Section 438 of the Code of Criminal Procedure, though
the offence was committed within the territorial jurisdiction of another
High Court. Learned counsel for the petitioner submits that the
offence alleged against the petitioner is under Section 420 of the
Indian Penal Code.
B.A. NO. 6344 OF 2009
:: 2 ::
3. In the facts and circumstances of the case, I am of the view
that the only relief that can be granted to the petitioner is to issue a
direction not to arrest the petitioner in execution of the non-bailable
warrant issued by the Chief Metropolitan Magistrate, Kolkata in Case
No.394 of 2008, for a period of one month from today, so as to
enable the petitioner to move the appropriate court for appropriate
reliefs.
4. Accordingly, there will be a direction to the respondent not
to arrest the petitioner for a period of one month from today in
connection with Case No.394 of 2008, pending before the Chief
Metropolitan Magistrate, Kolkata.
The Bail Application is disposed of as above.
(K.T.SANKARAN)
Judge
ahz/