IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5464 of 2009()
1. SADAKATHULLA, AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.5464 of 2009
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Dated this the 30th day of September, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure filed by the first accused
in C.C.No.496 of 2008 pending before the Judicial Magistrate of
the First Class-II, Perinthalmanna. The offence alleged against
the petitioner and others is under Section 498A read with
Section 34 of the Indian Penal Code. The petitioner was granted
regular bail by the court below. Thereafter, it is submitted, he
went abroad. The petitioner did not appear when the case was
taken up. It is submitted that non bailable warrant was issued.
At that stage, the petitioner has filed this application for
anticipatory bail.
As held in Vineeth Somarajan @ Ambadi vs. State of
Kerala (2009(3) KHC 471), in a case of this nature, the
remedy of the party is to apply before the court, which issued the
non bailable warrant, to recall the warrant and for the grant of
bail. If such Bail Application is filed, in the light of the decision
BA No.5464 /2009 2
reported in Biju vs. State of Kerala (2007(2) KLT 280), it has
to be disposed of expeditiously. Leaving open the right of the
petitioner to move for bail and to apply for recalling the warrant,
this Bail Application is closed.
K.T.SANKARAN,
JUDGE
csl