IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2829 of 2010()
1. STATE OF KERALA, REPRESENTED BY
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :18/05/2010
O R D E R
K. HEMA, J
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B.A.No. 2829 OF 2010
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Dated this the 18th day of May, 2010
O R D E R
This petition is for anticipatory bail.
2. Petitioner is accused in CC.420/08 before the Magistrate
Court. The offence alleged is under section 379 IPC.
3. According to the petitioner, he was bound to appear
before the Magistrate Court on 29.3.2010, after having been
granted bail by the Magistrate court. On that day he could not
appear due to reasons beyond his control. As per Annexure -3
order issued by the Magistrate court, Coimbatore, he was
directed to appear before the Magistrate court daily twice
between 9 am and 5 pm. Therefore, he could not appear in the
Magistrate court as he had to appear before police. It is also
pointed out that taking into the peculiar mental condition of the
petitioner, anticipatory bail was granted to petitioner in certain
cases and he is under treatment at NIMHANS, Banglore.
4. On hearing both sides, I find that petitioner was already
granted bail by the Magistrate court and non bailable warrant was
issued against him for his arrest, since he failed to appear in the
B.A. No.2829/10 2
court on the date fixed for his appearance. The warrant is issued
in the normal course by the court because of his failure to appear
in court. Such warrant is to be executed unless it is illegal.
Petitioner has not challenged the order issuing warrant and he
has no case that it is illegally issued. In such circumstances, I am
not inclined to exercise my discretion u/s.438 Cr.P.C. to grant bail
since it will amount to interference with the judicial discretion
exercised by the Magistrate Court. Anticipatory bail cannot be
granted in such circumstances explained above.
5. The petitioner is bound to appear before the trial court
and he is at liberty to put forward all contentions before the said
court. I am confident that if the relevant matters are brought
before the Magistrate Court, appropriate orders will be issued by
the Magistrate court itself. But it may not be proper to grant
anticipatory bail, in the circumstances explained above.
6. Petitioner shall appear at the Magistrate Court without
any delay and may seek bail, in which event, shall take into
consideration all the contentions raised and dispose of the bail
petition as expeditiously as possible, preferably on the same day.
This petition is disposed of accordingly.
K. HEMA, JUDGE.
Sou.