IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 338 of 2010()
1. VIJAYAKUMAR, S/O.RAVEEDNRAN
... Petitioner
2. AJAYAKUMAR, S/O.RAVEENDRAN, A2
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
For Petitioner :SRI.SASTHAMANGALAM S. AJITHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 338 OF 2010
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Dated this the 2nd day of February, 2010
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioners are accused Nos.1
and 2 in C.P.No.103 of 2008, on the file of the Court of the Judicial
Magistrate of the First Class II, Thiruvananthapuram.
2. The offences alleged against the petitioners are under
Sections 341, 294(b), 323, 326 and 308 read with Section 34 of the
Indian Penal Code.
3. After completing the investigation, charge sheet was filed in
the case and the case is pending as C.P.No.103 of 2008 before the
Court of the Judicial Magistrate of the First Class II,
Thiruvananthapuram. It is stated that non-bailable warrant is issued
by the Court against the petitioners. The petitioners apprehend
arrest in execution of the non-bailable warrant and, therefore, they
have filed this Bail Application under Section 438 of the Code of
Criminal Procedure.
B.A. NO. 338 OF 2010
:: 2 ::
4. In Vineeth Somarajan @ Ambady v. State of Kerala
(2009 (3) KHC 471), it was held that 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 by filing a Bail Application under 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 v. State of Kerala (2007(2) KLT 280).
Reserving the right of the petitioners to move the Court which
issued the non-bailable warrant, to recall the warrant and to grant
bail, this Bail Application is closed.
(K.T.SANKARAN)
Judge
ahz/