IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10014 of 2011() ------------------------------ CC.872/2006 of C.J.M.PALAKKAD .................... PETITIONER/ACCUSED -------------------------------------- RAJENDRAN.R., AGED 38 YEARS, S/O. RAJAN, RAJ NIVAS, MANTHURATHY, KAVA, MALAMPUZHA.P.O., PALAKKAD. BY ADV. SRI.E.A.BIJUMON RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, A/W. BA NO.10015 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------------------- B.A.Nos.10014 & 10015 OF 2011 -------------------------------------------------------- Dated this the 12th day of December , 2011 ORDER The petitioner is the accused in C.C.Nos.872 of 2006 and 142 of 2003 on the file of the Court of the Chief Judicial Magistrate, Palakkad. It is stated that the offence alleged in those cases is under Section 138 of the Negotiable Instruments Act. The petitioner stated that he had filed Criminal Miscellaneous Cases before this court and this court granted time to deposit the amount. A part of the amount was deposited, says the petitioner. The details regarding the number of Criminal Miscellaneous Cases and the time within which the amount was directed to be deposited etc. are not stated in the Bail Application. 2. The petitioner states that non bailable warrant was issued by the court and he apprehends arrest in execution of the non bailable warrant. Therefore, he has rushed this court B.A.Nos..10014 & 10015 OF 2011 OF 2011 2 praying for anticipatory bail under Section 438 of the Code of Criminal Procedure. 3. In Vineeth Somarajan @ Ambady v. State of Kerala (2009(3) KHC 471), it was held that where non-bailable warrant is issued by the court on account of non-appearance of the accused, normally, the person against whom the warrant is issued has to approach the Court which issued the warrant for re-calling the warrant and for the grant of bail. He cannot, normally, straight away approach the High Court by filing a Bail Application under Section 438 of the Code of Criminal Procedure. Reserving the right of the petitioner to move the Court which issued the non-bailable warrant, to recall the warrant and to grant bail, this Bail Application is closed. K.T.SANKARAN, JUDGE. cms