LAWS(KER)-2013-4-72

HUSNA ASLAM KHAN Vs. STATE OF KERALA

Decided On April 16, 2013
Husna Aslam Khan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THIS is an application seeking anticipatory bail filed under Section 438 of the Code of Criminal Procedure.

(2.) THIS application has been filed mainly with the prayer to direct the respondent to release the petitioner on bail in the event of her arrest pursuant to the non bailable warrant issued by the Judicial First Class Magistrate's Court, Kasaragod in C.C.No.61/2007. Earlier the petitioner moved Crl.M.P.No. 1026/2013 before the Court of Session, Kasaragod seeking similar relief.

(3.) IN the light of the aforesaid order and taking note of the submission made in paragraph 4 of this application as also the submissions made by the learned Public Prosecutor to the effect that the petitioner has not been arrayed as accused in any crime, as of now, I am of the view that this application is liable to be dismissed. That apart, if warrant is issued against the petitioner by any Court it would not be proper for this Court to grant anticipatory bail in such case/cases. In the aforesaid circumstances, the petitioner is not entitled to be granted with a pre-arrest bail and accordingly, this application is dismissed.