IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 148 of 2010()
1. SHAHUL HAMEED, AGED 65 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.B.PRAMOD
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 148 of 2010
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Dated this the 8th day of January, 2010
O R D E R
It is stated that the petitioner is the accused in ICC Case
No.68/2005 on the file of the Court of SDJM, Sambalpur,
Orissa.
2. The learned counsel for the petitioner submitted
that the case was initiated on a complaint filed by one Rani
Appari under Section 138 of the Negotiable Instruments Act.
The petitioner received the summons in 2005. It is stated that
he arranged a lawyer to defend the case. The petitioner states
that he was laid up due to cardiac ailments, diabetes and
hypertension. Therefore, he could not follow up the case
properly. Now a non-bailable warrant is issued by the court.
The petitioner apprehends arrest in execution of the non-
bailable warrant and therefore he has filed this Bail Application
for anticipatory bail under Section 438 of the Code of Criminal
Procedure.
3. When a non-bailable warrant is issued by a court in
another state, normally no relief under Section 438 of the
B.A. No. 148 /2010
2
Code of Criminal Procedure would be granted in respect of the
case. The only prayer made by the petitioner is to grant
breathing time so that he can appear before the court concerned
and seek appropriate relief. The request is just and reasonable.
Accordingly, there will be a direction that the non-bailable
warrant issued by SDJM court Sambalpur in Orissa in ICC Case
No.68/2005 shall not be executed for a period of one month in
order to enable the petitioner to appear before the court
concerned and to seek appropriate relief.
The Bail Application is disposed of as above.
K.T. SANKARAN, JUDGE
scm