IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5512 of 2009()
1. MOTTU @ KABEER.K., AGED 23
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SUB INSPECTOR
... Respondent
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.5512 of 2009
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Dated this the 5th day of October, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is accused
No.2 in Crime No.1000 of 2007 of Perinthalmanna Police
Station.
2. The offence alleged against the petitioner is under
Section 395 read with Section 34 of the Indian Penal Code.
3. It is submitted by the learned Public Prosecutor that
the petitioner was absconding. He could not be arrested and
produced before court. Accused Nos.1, 3 and 4 were tried in the
case. Accused Nos.1 and 3 were convicted while the fourth
accused was acquitted. Since the petitioner was absconding, the
case against him was split up and it is now pending as Long
Pending Case. Non bailable warrant was issued by the court
against the petitioner. At this juncture, this Bail Application is
filed for anticipatory bail. In Vineeth Somarajan @ Ambadi
vs. State of Kerala (2009(3) KHC 471), it was held in similar
BA No.5512/2009 2
circumstances that the remedy of the person concerned was to
apply before the court, which issued the non bailable warrant, to
recall the warrant and to grant bail. It was also held in Vineeth
Somarajan @ Ambadi vs. State of Kerala that the Bail Application
submitted by the concerned person shall be disposed of
expeditiously as held in Biju vs. State of Kerala (2007(2) KLT
280).
Leaving open the right of the petitioner to move for
withdrawal of the warrant and for grant of bail before the court
which issued the non bailable warrant, this Bail Application is
closed. It is made clear that if an application is filed for the
grant of bail, the learned Magistrate shall dispose of the same
expeditiously taking into account the aforesaid decisions.
K.T.SANKARAN,
JUDGE
csl