IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1313 of 2010()
1. MUHAMMED JINOS, S/O.NIZAR KUNJU,
... Petitioner
Vs
1. S.I. OF POLICE, MAVELIKKARA POLICE
... Respondent
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/03/2010
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 1313 of 2010
------------------------------------
Dated this the 09th day of March, 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.1 in Crime No.62/2007 of Mavelikkara Police Station.
2. The offences alleged against the petitioner are under
Sections 120-B, 113, 143, 147, 148, 341, 326 and 307 read with
Section 149 of the Indian Penal Code.
3. It is stated that the petitioner was not arrested during
the crime stage. He was not aware of the pendency of the case.
It would appear that the case against him was split up. Now the
case is numbered as C.P. No.10/2010 before the Court of the
Judicial Magistrate of the First Class, Mavelikkara. It is stated
that the case against the other accused persons is now pending
before the Sessions Court, the case against them having been
committed by the learned Magistrate.
4. It would appear that a non bailable warrant was issued
by the learned Magistrate against the petitioner for his arrest.
B.A. No. 1313/2010 2
The petitioner apprehends arrest in execution of the non bailable
warrant. Therefore, the petitioner has filed this application for
anticipatory bail.
5. In Vineeth Somarajan @ Ambadi Vs. State of 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 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
ln
