IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5651 of 2009()
1. JAYAPRAKASH,S/O.APPUKUTTAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. SUB INSPECTOR OF POLICE,MEDICAL COLLEGE
For Petitioner :SRI.M.RAJAGOPALAN NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/10/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5651 of 2009
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Dated this the 15th 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 the accused in Crime No.554/2003 of Medical College Police
Station, Thiruvananthapuram.
2. The offences alleged against the petitioner are
under Sections 323, 324 and 354 of the Indian Penal Code.
3. The crime was registered in the year 2003. The
learned Public Prosecutor submitted that charge sheet was
filed on 20/1/2004. It would appear that the petitioner did to
appear before the court. The case against the petitioner was
treated as long pending case. Now the case is pending as L.P.
No. 82/2009. A non-bailable warrant has been issued against
the petitioner, submits the learned counsel for the petitioner.
The petitioner apprehends arrest.
4. In Vineeth Somarajan @ Ambadi Vs. State of
Kerala [2009(3) K.H.C 471], it was held that in cases like this
the accused normally cannot be permitted to straightway
B.A. No. 5651/2009
2
approach the High Court by filing a petition under Section 438 of
the Code of Criminal Procedure. He has to appear before the
court which issued the non-bailable warrant and apply for
withdrawal of that warrant and for the grant of bail. It was also
held that if 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 for withdrawal
of the warrant and for the grant of bail before the court which
issued the warrant, this Bail Application is closed.
K.T. SANKARAN, JUDGE
scm