IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7185 of 2009()
1. CHANDANATH MOHAMADALI, S/O.ABDULLA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.N.HARIDAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.7185 of 2009
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Dated this the 27th day of January, 2010
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is
accused No.3 in Crime No.209 of 1975 of Kunnamkulam Police
Station.
2. The offences alleged against the petitioner are under
Sections 201, 202, 342 and 143 read with Section 149 of the
Indian Penal Code.
3. It is stated that during the crime stage, the petitioner
was released on bail. Later, he went abroad in search of a job.
The case was tried against the other accused persons in
C.C.No.4 of 1976 on the file of the court of the Sub Divisional
Judicial Magistrate, Kunnamkulam. They were acquitted as per
the judgment dated 24th December, 1976. The case against the
petitioner was split up and it was treated as long pending case.
Non bailable warrant was issued against the petitioner. The
petitioner apprehends arrest in execution of the non bailable
BA No.7185/2009 2
warrant and therefore, he has filed this application for
anticipatory bail.
4. In Vineeth Somarajan @ Ambady vs. State of
Kerala (2009(3) KHC 471), it was held that in cases where
non bailable warrant is issued by the court on account of non
appearance of the accused, normally, the person against whom
the warrant is issued has to approach the court which issued the
warrant for re-calling the warrant and for the grant of bail. He
cannot, normally, straight away approach the High Court
invoking Section 438 of the Code of Criminal Procedure. It was
also noticed in that decision that when such an application for
bail is filed, the learned Magistrate has to dispose of the Bail
Application in the light of the principles laid down in Biju vs.
State of Kerala (2007(2) KLT 280).
In the peculiar facts and circumstances of the case, the Bail
Application is disposed of as follows:
The petitioner, Chandanath Mohammadali, shall appear
before the court of the Judicial Magistrate of the First Class,
Kunnamkulam within a period of ten days from today and apply
for recalling the warrant and for the grant of bail. On such an
BA No.7185/2009 3
application being filed, the learned Magistrate shall recall the
non bailable warrant and release the petitioner on bail on the
same date, on such conditions as may be deemed fit and proper.
K.T.SANKARAN,
JUDGE
csl