IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2257 of 2010()
1. GIREESH, S/O.GOPALAKRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.SUJESH MENON V.B.
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/04/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No.2257 of 2010
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Dated this the 8th day of April, 2010
O R D E R
It is stated that the petitioner is accused No.7 in
S.C.No.547/2006 on the file of the court of the Additional
District and Sessions (Ad-Hoc) Court-I, Pathanamthitta. The
case arose out of Crime No.550/2003 of Thiruvalla Police
Station, registered for the offences under Sections 143, 147,
148, 149, 506(ii), 324 and 308 of the Indian Penal Code.
2. It is stated that during the crime stage as well as
the committal proceedings, the petitioner was on bail. The
petitioner states that he was not served with any summons
issued by the Sessions Court. However, non-bailable warrant
was issued for the arrest of the petitioner. It is also stated
that proceedings under Sections 82 and 83 of the Code of
Criminal Procedure were also initiated. The petitioner
apprehends arrest in execution of the non-bailable warrant.
Therefore, he has filed this application for anticipatory bail
under Section 438 of the Code of Criminal Procedure.
3. In Vineeth Somarajan @ Ambadi Vs. State of
B.A. No.2257/ 2010
2
Kerala [2009(3)KHC 471], it was held that in cases where non-
bailable warrant is issued by a court, the proper remedy of the
accused is to approach that court which issued the warrant and
to apply for recalling that warrant and for the grant of bail. It
was also observed in Vineeth Somarajan’s case that when such
an application for bail is filed, the same has to be considered in
the light of the principles laid down in Biju Vs. State of Kerala
[2007(2) K.L.T 280].
Reserving the right of the petitioner to move the court
which issued the non bailable warrant, for recalling the warrant
and for the grant of bail, this Bail Application is closed.
K.T. SANKARAN, JUDGE
scm