IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 5651 of 2009() ----------------------------- LP.82/2009 of ADDL.C.J.M.,TRIVANDRUM CRIME NO.554/2003 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACUSSED: -------------------------------------- JAYAPRAKASH,S/O.APPUKUTTAN NAIR, LATHA MANDIRAM,ANIYOOR,SREEKARIYAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE P.PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE,MEDICAL COLLEGE POLICE STATION,THIRUVANANTHAPURAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5651 of 2009 ------------------------------------ Dated this the 15th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.554/2003 of Medical College Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 323, 324 and 354 of the Indian Penal Code. 3. The crime was registered in the year 2003. The learned Public Prosecutor submitted that charge sheet was filed on 20/1/2004. It would appear that the petitioner did to appear before the court. The case against the petitioner was treated as long pending case. Now the case is pending as L.P. No. 82/2009. A non-bailable warrant has been issued against the petitioner, submits the learned counsel for the petitioner. The petitioner apprehends arrest. 4. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009(3) K.H.C 471], it was held that in cases like this the accused normally cannot be permitted to straightway B.A. No. 5651/2009 2 approach the High Court by filing a petition under Section 438 of the Code of Criminal Procedure. He has to appear before the court which issued the non-bailable warrant and apply for withdrawal of that warrant and for the grant of bail. It was also held that if 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]. Reserving the right of the petitioner to move for withdrawal of the warrant and for the grant of bail before the court which issued the warrant, this Bail Application is closed. K.T. SANKARAN, JUDGE scm