IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7753 of 2009()
1. SHIBU
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.S.SANTHOSH KUMAR (BALARAMAPURAM)
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7753 of 2009
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Dated this the 23rd day of December, 2009
O R D E R
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The petitioner
is accused No.9 in C.C. No.746/2006 on the file of the Court of
the Judicial Magistrate of the First Class, Paravur, Kollam.
2. The offences alleged against the petitioner are
under Sections 143, 147, 148, 448, 294(b), 506(ii) and 427
read with Section 149 of the Indian Penal Code.
3. The petitioner states that he could not appear
before court as he was working abroad. The trial court has
issued a non-bailable warrant to arrest the petitioner. The
petitioner apprehends arrest in execution of the non-bailable
warrant. Hence, he has filed this application for anticipatory
bail.
4. In Vineeth Somarajan @ Ambadi Vs. State of
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
B.A. No. 7753 / 2009
2
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 warrant, for recalling the warrant and for the grant
of bail, this Bail Application is closed.
K.T. SANKARAN, JUDGE
scm