IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 57 of 2010()
1. JITHIN BABU, VIBIN VIHAR,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.S.SANTHOSH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 57 OF 2010
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Dated this the 6th day of January, 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.2 in
C.C.No.78 of 2009 on the file of the Court of the Judicial Magistrate
of the First Class – I, Kollam.
2. It is stated that the offences alleged against the petitioner
are under Sections 294(b), 323, 324 and 341 read with Section 34
of the Indian Penal Code. It is also stated that since the petitioner
was absent, the case against him was split up. The petitioner also
states that the case against the first accused was tried and he was
convicted and sentenced.
3. Since the petitioner was not available before Court, non-
bailable warrant was issued against him. The petitioner apprehends
arrest in execution of the non-bailable warrant issued against him.
All the offences alleged against the petitioner are bailable.
B.A. NO. 57 OF 2010
:: 2 ::
4. In Vineeth Somarajan @ Ambady 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,
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 by filing a Bail Application under 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 v. State of Kerala (2007(2) KLT 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
ahz/