High Court Kerala High Court

Pinto Joseph vs State Of Kerala on 28 May, 2008

Kerala High Court
Pinto Joseph vs State Of Kerala on 28 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3420 of 2008()


1. PINTO JOSEPH, KALLARIKKAL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, S.I. OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.K.V.SOHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :28/05/2008

 O R D E R
                          K.HEMA, J.
                -------------------------------------------
                      B.A.No.3420 of 2008
                -------------------------------------------
            Dated this the 28th day of May, 2008


                                ORDER

Petition for anticipatory bail.

2. Petitioner is accused in C.P.No.109 of 2007 before

the Judicial First Class Magistrate Court, Chalakudy. The

offence alleged against him is under Section 55(a) of Abkari

Act. Warrant is issued against him by the court and he is

apprehending arrest. Therefore, this petition is filed for

anticipatory bail.

3. The petitioner’s presence is required for the

committal proceedings and hence, non bailable warrant has

been issued by a court of competent jurisdiction. It is

submitted that the petitioner was appearing in another case

regularly and he was not aware of the pendency of the

committal proceedings in this case. This fact is true, it is

needless to say that he is entitled for bail. He may seek

remedy before the lower court and seek appropriate relief.

BA No.3420/08 2

There is no ground to invoke Section 438 of Crl.P.C. in this

case.

Petition is disposed of accordingly.

K.HEMA, JUDGE
csl