IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 31 of 2010() ------------------------------------- CC.381/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM CRIME NO.16/2008 OF MAVOOR POLICE STATION. .................... PETITIONER ------------------- K. ABDUL LATHEEF, AGED 35, S/O. K.T. ABOOBACKER @ ABUNNI HAJEE, KANIYAN MADATHIL, THADATHIL METHAL VEEDU, PARAMMEL, MAVOOR P.O. BY ADV. MR.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): ------------------------- S.I. OF POLICE, MAVOOR POLICE STATION, MAVOOR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 31 of 2010 ------------------------------------ Dated this the 11th 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.3 in Crime No.16/2008 of Mavoor Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 498 A, 406, 354 and 506(ii) of the Indian Penal Code. 3. It is submitted that the petitioner was working abroad and he did not receive any summons in the case. The case is now pending as C.C. No.381/2008 on the file of the Court of the Judicial Magistrate of the First Class, Kunnamangalam. It is stated that the Court has issued a non bailable warrant against the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant. Therefore, he has approached this court by filing this Bail Application under Section 438 of the Code of Criminal Procedure. B.A. No. 31 of 2010 2 4. 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 the warrant and for the 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]. The Bail Application is accordingly closed, without prejudice to the right of the petitioner to move the court which issued the non bailable warrant for withdrawing the warrant and for granting bail. If the petitioner surrenders before the court and files an application for bail, the learned Magistrate shall consider the same in accordance with law and in the light of the principles laid down in the decisions referred to above. K.T. SANKARAN, JUDGE ln