IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 10108 of 2011() ------------------------------ CRIME NO.134/2008 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED ---------------------------- P.UNNIKRISHNAN, AGED 40 YEARS, S/O.CHANDU NAIR, ANINHA PADINHAREPURA HOUSE, PERUMBALA VILLAGE & POST KASARAGOD TALUK & DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): STATE ----------------------------- STATE OF KERALA, REPRESENTED BY S.H.O., KASARAGOD POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10108 of 2011 --------------------------- Dated this the 13th day of December, 2011 O R D E R The petitioner apprehends arrest in execution of a non bailable warrant in L.P.C.No.58 of 2010 on the file of the court of the Judicial Magistrate of the First Class-I, Kasaragod. Hence, he has filed this application for anticipatory bail. 2. It is stated in paragraphs 5 and 6 of the Bail Application thus : “5. It is submitted that the petitioner was on bail at the crime stage and initially during trial stage in C.C.No.330 of 2008. Subsequently he went to Gulf in connection with job and hence he could not appear before the learned Magistrate and NBW was issued against him and subsequently due to non appearance the case was transferred to L.P.C. and now the case is pending as L.P.C.58 of 2010 on the file of the Judicial First Class Magistrate Court I, Kasaragod. BA 10108/11 2 6. The petitioner apprehends remand to judicial custody if he is surrendering before the lower court. There is no need of remand in the above case since charge is already laid. The petitioner is ready and willing to co-operate with the trial of the case and he undertakes to appear before the lower court on all effective posting dates.” 3. In Vineeth Somarajan vs. State of Kerala (2009 (3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. 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 csl