IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2243 of 2010()
1. MUHAMMED SHAFI EASKUNJU, S/O.
... Petitioner
Vs
1. STATE OF KERALA, REP.BY FOREST RANGE
... Respondent
For Petitioner :SRI.LIJU. M.P
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/04/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 2243 of 2010
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Dated this the 8th day of April, 2010
O R D E R
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The petitioner
apprehends arrest in execution of the non-bailable warrant
issued by the court of the Judicial Magistrate of the First
Class-II (Forest Offence), Kollam, in C.C.No.532/2009.
2. It is stated that the petitioner is accused No.1 in
O.R. No.6/2002 of Anchal Forest Range, kollam. It is also
stated that the case was numbered as C.C.No.47/2005 on the
file of the court of the Judicial Magistrate of the First Class-II
(Forest Offence), Kollam. It is also submitted that the
petitioner came to know that accused No.5 in the case was
acquitted and accused Nos.3 and 4 were convicted. The case
against the petitioner was split up and re-filed as
C.C.No.532/2009. Non-bailable warrant was issued against
the petitioner. The petitioner apprehends arrest in execution
of the non-bailable warrant.
3. In Vineeth Somarajan @ Ambadi Vs. State of
B.A. No. 2243/ 2009
2
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 that 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, for recalling the warrant
and for the grant of bail, this Bail Application is closed.
K.T. SANKARAN, JUDGE
scm