IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3496 of 2008()
1. HAZEER, S/O.UMMER,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :02/06/2008
O R D E R
K. HEMA, J.
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B.A.No. 3496 of 2008
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Dated this the 2nd day of June, 2008
O R D E R
Petitioner is the 1st accused. The alleged offences are under
sections 498A read with section 109 IPC. The case was included in the long
pending register and is numbered as L.P.No.63/2007, since the petitioner
was not available for trial. Since he apprehends arrest, petitioner seeks
anticipatory bail. The co-accused are already acquitted by the court below.
2.The petitioner is required for arrest only because a non-bailable
warrant is issued by a court of competent jurisdiction, since evidently the
petitioner was absent before the court for trial. In such circumstances the
petitioner’s remedy is before the lower court itself. I am not inclined to grant
anticipatory bail in a case where the petitioner’s arrest is required for
execution of a non-bailable warrant issued by the court below.
The application is dismissed.
K. HEMA,
JUDGE.
mn.