Sidhique v. State of Kerala
Case brief
What is this about?
High Court declined the application for anticipatory bail, holding that the proper remedy against a non-bailable warrant is to approach the issuing court for its recall and bail.
What the court decided
A compact analysis
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 MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 749 of 2010() ------------------------------------CRIME NO.229/2007 OF FEROKE POLICE STATION, KOZHIKODE ....................
PETITIONER/ACCUSED: ------------------------------------SIDHIQUE, S/O. MUHAMMED KOYA, AGED 32 YEARS, RESIDING AT THANEGHAT PARAMBA, ANGADI PARAMBA, PALLIKKAL P.O., MAPLAPPURAM DIST.
BY ADV. SRI.NIRMAL. S
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (SUB INSPECTOR OF POLICE, FEROKE POLICE STATION KOZHIKODE.)
SRI.TEKCHAND, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K. T. SANKARAN, J.
B.A. No.749 of 2010
Issues for consideration
2 issues framed by the court
Whether to grant anticipatory bail to the accused against apprehended arrest under a non-bailable warrant.
Whether the proper court for recalling the non-bailable warrant and granting bail is the issuing court or the High Court.
Parties & counsel
- petitioner
Sidhiq
- respondent
State of Kerala
Coram
K.T. Sankaran
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court