IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3667 of 2009()
1. FAISAL, S/O.SALEEM, PARUPANAKKAL HOUSE
... Petitioner
Vs
1. STATE OF KERALA REP BY THE
... Respondent
For Petitioner :SRI.M.SHAJU PURUSHOTHAMAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3667 OF 2009
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Dated this the 12th day of October, 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.26 in
Crime No.65 of 2005 of Valappad Police Station.
2. The offences alleged against the accused persons are
under Sections 143, 147, 148, 341, 323, 324 and 308 read with
Section 149 of the Indian Penal Code.
3. The case was tried by the Sessions Court. It is submitted
that all other accused were acquitted. The petitioner did not appear
and, therefore, the case against him was split up and it was
numbered as Long Pending Case.
4. Thereafter, the petitioner entered appearance and he was
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granted bail by the committal court. The learned counsel for the
petitioner submitted that after committal of the case to the Sessions
Court on 21.1.2009, the petitioner could not appear as he was
working abroad. Though an application was filed on his behalf for
condoning absence, the learned Sessions Judge dismissed that
application, submits the counsel. Now, non-bailable warrant is
issued against the petitioner. The petitioner apprehends arrest.
5. In Vineeth Somarajan v. State of Kerala (2009 (3) KHC
471), it was held that where non-bailable warrant is issued by the
court on account of non-appearance of the accused, the remedy of
the accused is to file an application for withdrawal of the warrant and
for the grant of bail. 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 taking into account the principles laid
down in Biju v. State of Kerala (2007(2) KLT 280).
Reserving the right of the petitioner to apply before the
Sessions Court for withdrawal of the warrant and for the grant of bail,
this Bail Application is closed. If such applications for withdrawal of
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the warrant and for grant of bail are filed, those applications shall be
disposed of by the learned Sessions Judge in the light of the
aforesaid decisions.
(K.T.SANKARAN)
Judge
ahz/