Court rejected the petitioner's anticipatory bail application. The accused previously jumped bail and absconded for nine years, resulting in a non-bailable warrant. The Court held there is no ground to grant bail to someone whose presence is lawfully sought via such a warrant.
Petition for anticipatory bail is dismissed; no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932
Bail Appl..No. 2987 of 2010() ----------------------------SC.339/2004 of ADDL. DISTRICT COURT-II, KOZHIKODE .................... (CRIME NO.145/2001 OF MUKKOM POLICE STATION)
PETITIONER/ACCUSED
-------------------------------------ABDURAHIMAN, S/O.MUHAMMED, KADACHITHODIKA HOUSE, PANNIKODE P.O., NAYPATTA.
BY ADV. SMT.T.V.NEEMA
RESPONDENT(S): COMPLAINANT -------------------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE C.I. OF POLICE, KODUVALLY, MUKKOM POLICE STATION).
PUBLIC PROSECUTOR SRI.V.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J
B.A No.2987 OF 2010
Dated this the 21st day of June 2010
ORDER
This petition is for anticipatory bail.
B.A No.2987 OF 2010
2
Warrants were issued against him and hence, this is not a fit case to grant anticipatory bail, it is submitted.
Petition is dismissed.
K.HEMA JUDGE
vdv
3 issues framed by the court
Whether anticipatory bail can be granted to an accused who was absconding, failed to appear after bail, and whose presence has been sought via a lawful non-bailable warrant.
Whether a person caught in default of appearing before a court on a non-bailable warrant qualifies for further bail.
The condition and fitness of a case where the accused jumped bail and warrants were issued.
5 provisions across 2 enactments
A. ABDURAHIMAN
STATE OF KERALA
KHEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
