IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7227 of 2009()
1. SAJEER K., AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.MUHAMMED SALAHUDHEEN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/12/2009
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 7227 of 2009
------------------------------------
Dated this the 10th day of December, 2009
O R D E R
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The petitioner
is accused No.2 in C.C. No.375/2001 on the file of the Court
of the Judicial Magistrate of the First Class- III, Kozhikode.
2. The offence alleged against the accused is under
Section 379 read with Section 34 of the Indian Penal Code.
3. The learned Public Prosecutor submitted that charge
sheet was filed in the case on 28/4/2001. He submitted that
during the crime stage, the petitioner could not be arrested.
The presence of the petitioner could not be procured before
court as he was absconding. Now a non-bailable warrant is
issued against the petitioner and it is pending. The petitioner
apprehends arrest in execution of the non-bailable warrant.
Therefore, he has approached this Court under Section 438 of
the Code of Criminal Procedure.
4. In Vineeth Somarajan @ Ambadi Vs. State of Kerala
[2009(3)KHC 471], it was held that in cases where non-
B.A. No. 7227/2009
2
bailable warrant is issued by a court, the proper remedy of the
accused is to approach that court which issued the warrant and to
apply for recalling that warrant and for the grant of bail. It was
also observed in Vineeth Somarajan’s case that when such an
application for bail is filed, the same has to be considered in the
light of the principles laid down in Biju Vs. State of Kerala [2007
(2) K.L.T 280].
Reserving the right of the petitioner to move the learned
Magistrate for recalling the warrant and for the grant of bail, this
Bail Application is closed.
K.T. SANKARAN, JUDGE
scm