IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7648 of 2009 CC.802/2009 of J.M.F.C., KODUNGALLUR PETITIONER : FOURTH ACCUSED: ----------------------------------- RAJMOHAN, AGED 60 YEARS, S/O.RAMAN, THARAYIL HOUSE, ALA, KOTHAPARAMBU, SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE MATHILAKAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7648 OF 2009 ------------------------------------------------------ Dated this the 6th day of January, 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 accused No.4 in C.C.No.802 of 2009 on the file of the Court of the Judicial Magistrate of the First Class, Kodungallur. 2. The offences alleged against the petitioner are under Sections 467, 468 and 471 read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the petitioner had not received summons in the case. However, a non- bailable warrant was issued by the Court. The petitioner apprehends arrest in execution of the non-bailable warrant. 4. 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, B.A. NO. 7648 OF 2009 :: 2 :: 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. It was also noticed in that decision that when such an application for bail is filed, the learned Magistrate has to dispose of the Bail Application in the light of the principles laid down in Biju v. State of Kerala (2007(2) KLT 280). 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 ahz/