LAL KRISHAN ADVANI Vs. STATE

JUDGEMENT

(1.) This is an application for exemption from filing certifird copies of annexures . Allowed subject to all just exceptions. Crl.M.(M) 610/96

(2.) The learned Special Judge after taking cognizance has passed orders for issuance of non bailable warrants of arrest against the petitioner. Consequent upon that order the petitioner has moved this court under Section 438 of the Code Criminal Procedure for grant of bail in anticipation of his arrest.

(3.) That an order as prayed for can be passed by this Court finds support from a Judgment of full Bench of the Andhra Pradesh High Court in Smt. Sheik Khasim Bi v. The State 1986 CrIJJ 1303 . It was held that in a case where cognizance is taken and process is issued if the court granted anticipatory bail under sub section (1) of Section 438 of the Code, the police officer shall execute the process viz: the warrant, by arresting the accused and procedure him before the Magistrate who shall release him on bail pursuant to the orders of anticipatory bail granted by the High Court or the Court of Sessions.