IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1907 of 2010()
1. CHRISTUDAS, S/O.MATHEWS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR,
For Petitioner :SRI.VINOD J.DEV
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/04/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.1907 of 2010
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Dated this the 7th day of April, 2010
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is the
accused in Crime No.333 of 1996 of Parassala Police Station.
2. The offence alleged against the petitioner is under
Section 55(a) of the Abkari Act.
3. During the crime stage, the petitioner was arrested
and he was released on bail. Thereafter, he absconded. The
case of the petitioner is that he went to Chennai in search of a
job. Since the petitioner did not appear, the case was treated as
long pending case and it was numbered as L.P.No.2 of 2008 on
the file of the court of the Judicial Magistrate of the First Class-
II, Neyyattinkara. Non bailable warrant was issued against the
petitioner. The petitioner apprehends arrest in execution of the
non bailable warrant. Therefore, he has moved this application
for anticipatory bail.
4. In Vineeth Somarajan @ Ambady vs. State of
BA No.1907/2010 2
Kerala (2009(3) KHC 471), it was held that in cases where
non bailable warrant is issued by the court, 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).
5. In Sukumari v. State of Kerala (2001 (1) KLT 22)
it was held that the Magistrate has jurisdiction to grant bail even
in respect of an offence exclusively triable by a court of Session.
Reserving the right of the petitioner to move the court
which issued the non-bailable warrant, to recall the warrant and
to grant bail, this Bail Application is closed.
K.T.SANKARAN,
JUDGE
csl