High Court Kerala High Court

Rajesh vs State Of Kerala on 13 January, 2010

Kerala High Court
Rajesh vs State Of Kerala on 13 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6344 of 2009()


1. RAJESH, AGED 33 YEARS, S/O.RAMAN NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.G.SURESH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :13/01/2010

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                        B.A. NO. 6344 OF 2009
              ------------------------------------------------------
             Dated this the 13th day of January, 2010


                                 O R D E R

The petitioner has filed this Bail Application under Section 438

of the Code of Criminal Procedure seeking for anticipatory bail. It is

stated that the petitioner is an accused in Case No.394 of 2008,

pending before the Chief Metropolitan Magistrate, Kolkata. The

petitioner states that he had not received any summons. It is stated

that non-bailable warrant was issued by the Court. The petitioner

apprehends arrest in execution of the non-bailable warrant.

2. A Division Bench of this Court in Madhusoodan v. Supdt.

of Police ((1992(2) KLT 83) held that the Court within whose

jurisdiction the person who apprehends arrest resides can grant an

order under Section 438 of the Code of Criminal Procedure, though

the offence was committed within the territorial jurisdiction of another

High Court. Learned counsel for the petitioner submits that the

offence alleged against the petitioner is under Section 420 of the

Indian Penal Code.

B.A. NO. 6344 OF 2009

:: 2 ::

3. In the facts and circumstances of the case, I am of the view

that the only relief that can be granted to the petitioner is to issue a

direction not to arrest the petitioner in execution of the non-bailable

warrant issued by the Chief Metropolitan Magistrate, Kolkata in Case

No.394 of 2008, for a period of one month from today, so as to

enable the petitioner to move the appropriate court for appropriate

reliefs.

4. Accordingly, there will be a direction to the respondent not

to arrest the petitioner for a period of one month from today in

connection with Case No.394 of 2008, pending before the Chief

Metropolitan Magistrate, Kolkata.

The Bail Application is disposed of as above.

(K.T.SANKARAN)
Judge

ahz/