IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6398 of 2009()
1. RAJESH AGED 29 YEARS, S/O. JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.A.PRADEEP KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6398 of 2009
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Dated this the 2nd day of November, 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.1 in Crime No.110/2003 of Vadakkekara Police Station.
2. The offences alleged against the petitioner are under
Sections 143, 147, 448 and 427 read with Section 149 of the
Indian Penal Code.
3. The aforesaid offences are bailable.
4. It is submitted by the learned counsel for the petitioner
that charge sheet was filed on 20.08.2003. After taking
cognizance, the case was numbered as C. C. No.156/2004 on
the file of the court of the Judicial First Class Magistrate, North
Paravur.
5. The learned counsel for the petitioner submitted that
the petitioner was employed abroad. He did not receive any
summons. Due to non appearance, non bailable warrant was
issued against the petitioner. The petitioner apprehends arrest
in execution of the non bailable warrant.
B.A. No. 6398 of 2009 2
6. In Vineeth Simarajan @ Ambadi Vs. State of
Kerala 2009(3) KLT 576, It was held that when a non
bailable warrant is issued by a court, the remedy of the
accused is not to apply for Anticipatory Bail but to appear
before the court which issued the non bailable warrant and to
apply for withdrawing the warrant and for the grant of bail. It
was also held that when such an application is filed, the court
which issued the warrant shall consider the same in the light
of principles laid down in Biju Vs. state of Kerala 2007 (2)
KLT 280.
Reserving the right of the petitioner to apply for Regular
Bail and for recalling the warrant as stated above, the bail
application is closed.
K.T. SANKARAN, JUDGE
ln