IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1066 of 2010()
1. SREEKANTAN,CHERUVATTUVILA,KUNNAPUZHA,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTD BY THE
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1066 of 2010
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Dated this the 5th day of March, 2010
O R D E R
The first accused in Crime No.278/2009 of Poojappura
Police Station has filed this application for anticipatory bail
under Section 438 of the Code of Criminal Procedure.
2. The offences alleged against the petitioner are
under Sections 143, 147, 148, 341, 324 and 308 read with
Section 149 of the Indian Penal Code.
3. It is submitted that after completing the
investigation, charge sheet was laid in the case and the case is
pending as C.P. No.85/2009 on the file of the court of the
Additional Chief Judicial Magistrate, Thiruvananthapuram. It is
also submitted that a non bailable warrant was issued by the
Additional Chief Judicial Magistrate against the petitioner. The
petitioner apprehends arrest in execution of the warrant. The
Bail Application is filed in these circumstances.
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
B.A. No. 1066/2010
2
of the accused is to approach that court which issued the 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]. In Sukumari Vs. State of Kerala
[2001(1) K.L.T.22], it was held that the power under
Section 437 can be invoked by the Magistrate even in cases
involving a Session offence.
Reserving the right of the petitioner to move the court
which issued the non bailable warrant, for recalling the warrant
and for the grant of bail, this Bail Application is closed.
K.T. SANKARAN, JUDGE
scm