IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5512 of 2009() ----------------------------- CRIME NO.1000/07 OF PERINTHALMANNA POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ MOTTU @ KABEER.K., AGED 23 S/O. HAMZA KOLKKATTIL HOUSE, THAZHEKKADE P.O. PERINTHALMANNA. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE PERINTHALMANNA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5512 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1000 of 2007 of Perinthalmanna Police Station. 2. The offence alleged against the petitioner is under Section 395 read with Section 34 of the Indian Penal Code. 3. It is submitted by the learned Public Prosecutor that the petitioner was absconding. He could not be arrested and produced before court. Accused Nos.1, 3 and 4 were tried in the case. Accused Nos.1 and 3 were convicted while the fourth accused was acquitted. Since the petitioner was absconding, the case against him was split up and it is now pending as Long Pending Case. Non bailable warrant was issued by the court against the petitioner. At this juncture, this Bail Application is filed for anticipatory bail. In Vineeth Somarajan @ Ambadi vs. State of Kerala (2009(3) KHC 471), it was held in similar BA No.5512/2009 2 circumstances that the remedy of the person concerned was to apply before the court, which issued the non bailable warrant, to recall the warrant and to grant bail. It was also held in Vineeth Somarajan @ Ambadi vs. State of Kerala that the Bail Application submitted by the concerned person shall be disposed of expeditiously as held in Biju vs. State of Kerala (2007(2) KLT 280). Leaving open the right of the petitioner to move for withdrawal of the warrant and for grant of bail before the court which issued the non bailable warrant, this Bail Application is closed. It is made clear that if an application is filed for the grant of bail, the learned Magistrate shall dispose of the same expeditiously taking into account the aforesaid decisions. K.T.SANKARAN, JUDGE csl