IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9884 of 2011() ----------------------------- ST.992/2010 of J.M.F.C.,ADIMALI .................... PETITIONER/APPLICANT ---------------------------------------- BINU E.V., AGED 34 YEARS, S/O.VISHVAMBARAN, INJAPILLIL HOUSE, CHEENIKUZHI P.O., CHINIKUZHI, UDUMBANOOR, IDUKKI. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 2/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9884 OF 2011 --------------------------------- Dated this the 2nd day of December, 2011 ORDER The petitioner apprehends arrest in execution of the non bailable warrant issued in S.T.No.992 of 2010 on the file of the Court of the Judicial Magistrate of the First Class, Adimali. It is stated that after receiving summons in the case, the petitioner appeared before the court and he was granted bail. The petitioner states that he entrusted the case with an Advocate and the counsel stated that the petitioner need not appear before the court for conducting the case. Non bailable warrant was issued by the court due to non appearance of the petitioner. The Bail Application is filed in these circumstances. 2. 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- B.A.No. 9884 OF 2011 2 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