IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3616 of 2010()
1. PRADEEP, AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.PAUL JACOB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :18/06/2010
O R D E R
K.HEMA, J.
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Bail Application No.3616 of 2010
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Dated 18th June, 2010.
O R D E R
This petition is for anticipatory bail.
2. A case was registered against petitioner(A1) on the
allegation that he, along with another, committed offence under
Section 379 read with Section 34 of the Indian Penal Code.
Petitioner was granted bail by the court, but later, he did not
appear and hence, non-bailable warrant was issued against him.
The case is transferred to the register of long pending cases, as
L.P.26/10.
3. Learned counsel for petitioner submitted that
petitioner could not appear in court only because he was sick and
was under continuous treatment, as evidenced by medical
certificates, Annexures I to III. Petitioner is prepared to surrender
before the Magistrate Court and co-operate with the trial.
4. Learned Public Prosecutor submitted that the crime
is of the year 1998 and petitioner was absconding. Petitioner was
granted bail but he jumped bail. Hence, there is every chance for
absconding, it is submitted.
5. On hearing both sides and on going to Annexure I to
BA NO. 3616/10 2
III, it appears that petitioner has some ailment. But, I am not
aware, under what circumstances, the court below has issued
non-bailable warrant against petitioner. Petitioner is
apprehending arrest not because he is accused of commission of
a non-bailable offence. But, non-bailable warrant was issued to
procure his presence before court, since petitioner jumped bail.
Unless I am satisfied that non-bailable warrant issued is illegal, I
am not inclined to interfere with the discretion of the trial court
under Section 437 of the Criminal Procedure Code.
6. If anticipatory bail is granted without ascertaining
the circumstances under which non-bailable warrant was issued,
it may interfere with the lawful proceedings before the trial court.
Hence, I am not inclined to grant anticipatory bail. Petitioner is at
liberty to surrender before the Magistrate Court concerned and
apply for bail under Section 437 of the Criminal Procedure Code
and satisfy the court about the reason for his non-appearance etc.
Petition is dismissed.
K.HEMA, JUDGE.
tgs