High Court Kerala High Court

Siji vs State Of Kerala on 22 December, 2009

Kerala High Court
Siji vs State Of Kerala on 22 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7542 of 2009()


1. SIJI, S/O. JOSEPH, AGED 27 YEARS,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.M.G.KARTHIKEYAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :22/12/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.7542 of 2009
                  ---------------------------------------------
            Dated this the 22nd day of December, 2009



                               ORDER

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is

accused No.3 in Sessions Case No.502 of 2007 on the file of the

court of the Additional Sessions Judge, (Fast Track Court No.III),

Palakkad District.

2. The offence alleged against the accused is under

Section 307 read with Section 176 of the Indian Penal Code.

3. It is submitted by the learned counsel for the

petitioner that going by the charge sheet, the allegation levelled

against accused Nos.2 to 5 is that they committed the offence

under Section 176 of the Indian Penal Code.

4. It is stated that the petitioner was arrested and he

was released on bail during the stage of investigation. During

committal proceedings also, the petitioner states, he appeared

before court. After committal, the case was numbered as

S.C.No.502 of 2007 on the file of the court of the Additional

BA No.7542/2009 2

Sessions Judge (Fast Track Court No.III), Palakkad. The

petitioner was released on bail by the Additional Sessions Court.

It is stated that later the petitioner went abroad on 25.3.2007.

The bail bonds were cancelled and non bailable warrant was

issued against the petitioner, since the petitioner failed to

appear before court. The petitioner apprehends arrest in

execution of the non bailable warrant. Therefore, he has filed

the application for anticipatory bail.

5. In Vineeth Somarajan @ Ambady vs. State of

Kerala (2009(3) KHC 471), it was held that in cases where

non bailable warrant is issued by the court on account of non

appearance of the accused, normally, the person against whom

the warrant is issued has to approach the court which issued the

warrant for re-calling the warrant and for the grant of bail. He

cannot, normally, straight away approach the High Court

invoking Section 438 of the Code of Criminal Procedure. It was

also noticed in that decision that when such an application for

bail is filed, the learned Magistrate has to dispose of the Bail

Application in the light of the principles laid down in Biju vs.

State of Kerala (2007(2) KLT 280).

BA No.7542/2009 3

Reserving the right of the petitioner to move the court

which issued the warrant to recall the warrant and to grant bail,

this Bail Application is closed.

K.T.SANKARAN,
JUDGE
csl