IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1049 of 2010()
1. HABEEB @ MOHAMMED RAFEEQ,AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REP.BY PUBLIC
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/02/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1049 of 2010
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Dated this the 23rd day of February, 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
accused No.3 in Crime No.246/2008 of Bekal Police Station,
Kasaragod District.
2. The offence alleged against the petitioner is under
Section 366 read with Section 34 of the Indian Penal Code.
3. The date of occurrence was on 01.06.2008.
4. The learned Public Prosecutor submitted that after
completing the investigation, charge sheet was filed on
18.09.2009. It is submitted by the learned Public Prosecutor
that the petitioner was absconding and therefore, non bailable
warrant was issued by the learned Magistrate. The petitioner
apprehends arrest in execution of the non bailable warrant and
therefore he has approached this Court for Anticipatory Bail.
5. In Vineeth Somarajan @ Ambadi Vs. State of
Kerala [2009 (3) KHC 471] it was held that in cases where non
B.A. No. 1049 of 2010 2
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 the 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, to recall the warrant
and to grant bail, this Bail Application is closed.
K.T. SANKARAN, JUDGE
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