IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5537 of 2009() ---------------------------------------- CRIME NO.508/2007 OF PERINTHALMANNA POLICE STATION PETITIONER/ACCUSED: ---------------------------------------- MOTTU @ KABEER K, S/O. HAMZA, AGED 23, KOLKATTIL HOUSE, THAZHEKKADE P.O., PERINTHALMANNA. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, PERINTHALMANNA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5537 of 2009 ------------------------------------ Dated this the 7th 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 first accused in C.C.No.388/2008 on the file of the Court of the Judicial Magistrate of the First Class-II, Perinthalmanna. The petitioner did to appear before the court. According to the petitioner, he was not in the state of Kerala during the relevant time. It would appear that non-bailable warrant was issued by the court below. The petitioner apprehends arrest. Therefore, he has filed this application for anticipatory bail. 2. As held in Vineeth Somarajan Vs. State of Kerala [2009(3)KHC 471] in such cases, the party concerned can approach the court which issued warrant and seek for withdrawal of that warrant and for the grant bail on such application. An application being filed for bail, the learned Magistrate has to consider the same in the light of the B.A. No.5537/2009 2 principles laid down in Biju Vs. State of Kerala [2007(2) K.L.T. 280]. Leaving open the right of the petitioner to move for the 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