Disposed

Jacob Tomy v. State of Kerala

Kerala HC12 Mar 2010Bail Appl./192/2010

Case brief

AI extract

What is this about?

The court disposed of an anticipatory bail application by holding that the proper remedy for an accused facing a non-bailable warrant is to approach the issuing court for recall and bail, closing the present application accordingly.

What did the court decide?

The bail application is closed; the petitioner is directed to move the court that issued the non-bailable warrant for recall and bail.

Jacob Tomy Vs State of Kerala — Anticipatory Bail | Kerala HC (2010)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931

¶2

Bail Appl..No. 192 of 2010() ---------------------------------------CRIME NO.27/2008 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, PALAKKAD.

¶3

PETITIONER/ 3RD ACCUSED:

¶4

------------------------------------------------JACOB TOMY, S/O.TOMY, AGED 25, THOPPIL, SAHAKARANA ROAD, VYTILLA, COCHIN-19.

¶5

BY ADV. SRI.K.R.SUNIL

¶6

RESPONDENT/ COMPLAINANT:

¶7

-----------------------------------------------THE EXCISE CIRCLE INSPECTOR, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD PALAKKAD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

¶8

SRI. M.S.BREEZ, PUBLIC PROSECUTOR

¶9

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶10

K.T. SANKARAN, J.

¶11

B.A. No.192 of 2010

¶12

Dated this the 12^th day of March, 2010

¶13

O R D E R

¶14

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.27 of 2008 of Excise Enforcement

¶15

and Anti Narcotic Special Squad, Palakkad. The petitioner apprehends arrest in execution of the non-bailable warrant issued in the case by the court of the Judicial Magistrate of the First Class-I, Palakkad.

¶16

The learned counsel for the petitioner submitted that the petitioner was not arrested during the crime stage and he did not receive any summons from the court after the charge sheet was filed.

¶17

The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 30/9/2009 before the court of the Judicial Magistrate of the First Class- I, Palakkad.

¶18

In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009(3) KHC 471], it was held that in cases where

¶19

B.A. No.192 / 2010

¶20

¶21

non-bailable warrant is issued by a court, the proper remedy 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.

¶22

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.

¶23

K.T. SANKARAN, JUDGE

¶24

scm

Jacob Tomy v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jacob Tomy v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Praveen Vs State of Kerala

A.K.Suresh and Ors. Vs State of Kerala

Sanil Kumar Vs State of Kerala

Justin Vs State of Kerala

Mani Vs State of Kerala

Shibu Kumar Vs S.H.O