A.Jayaraj vs State Of Kerala on 10 July, 2009
The decision of Karnataka High Court in State of
Karnataka V. Narayanappa (1992 CRI.L.J.225) also did not apply
to the facts of the present case. There, learned Sessions Judge who
had otherwise the power to grant anticipatory bail under Sec.438 of
the Code did so but without adverting to the facts and circumstances
of the case. That order remained in force for about two years.
Attempt was made to cancel the order thereafter. The High Court
observed that the order passed by learned Sessions Judge having
remained in force for two years and the bail obtained by accused not
shown to have been misused there was no necessity of the
cancellation of the order. I must bear in mind, that also did not
involve any illegality or violation of judicial discipline and propriety.