IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1330 of 2010() ----------------------------- CC.210/2006 of J.M.F.C. - I, PARAVUR CRIME NO.76/2006 OF VADAKKEKARA POLICE STATION. .................... PETITIONER/ACCUSED: --------------------------------------- ANIL, AGED 34 YEARS, S/O.SANKARAN KOLAMVEETTIL HOUSE, KARA DESOM, EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.A.NOUSHAD RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VADAKKEKARA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1330 of 2010 ------------------------------------ Dated this the 22nd day of March, 2010 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 accused in C.C.No.210/2006 on the file of the court of the Judicial Magistrate of the First Class, North Paravur. 2. The crime was registered as Crime No.76/2006 of Vadakkekara Police Station. It is stated that the petitioner is employed in Bangalore. He received summons. However, it is stated that he could not appear before the court. The court of the Judicial Magistrate of the First Class, North Paravur, issued non-bailable warrant for the arrest of the petitioner. The petitioner apprehends arrest in execution of the non-bailable warrant. 3. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009(3)KHC 471], it was held that in cases where non-bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the warrant and to apply for recalling that warrant and for the B.A. No.1330 /2010 2 grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007(2) K.L.T 280]. Reserving the right of the petitioner to move the court which issued the non bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm