Vincy Cherian v. The Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 Bail Appl..No. 4337 of 2015 --------------------------------------- CRIME NO. 58/2006 OF PANANGAD POLICE STATION , ERNAKULAM --------------------- PETITIONER(S)/ACCUSED :

----------------------------------------- VINCY CHERIAN, AGED 71 YEARS, S/O.LATE CHERIAN, ELENJIKKAL HOUSE, M/20 CHANGAMPUZHA NAGAR, KALAMASSERY, ERNAKULAM DISTRICT.

BY ADVS.SRI.BENHUR JOSEPH MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S) :

----------------------------

1. THE SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, PANANGAD P.O., ERNAKULAM DISTRICT.

2. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4337 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner was an accused in C.C. No. 676 of 2006 on the file of the Additional Chief Judicial Magistrate, Ernakulam. On his failure to appear, his case was removed to the register of long pending cases, the number being L.P. No. 46 of 2013. He apprehends that he will be arrested pursuant to the execution warrant issued by the court.

3.

Heard.

4.

He has been absconding for several years. The Supreme Court has held that a proclaimed offender cannot maintain an application under Section 438 of Cr.P.C. This application is not maintainable.

In the result, this application is dismissed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge