IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 7054 of 2009() -------------------------------------- CRIME NO.138/2006 OF PARIPALLY POLICE STATION. PETITIONER/3RD ACCUSED: ------------------------------------------ SHIBU, S/O.KUNJAPPI, SABU VILASAM, CHIRAKKARA EDAVATTAM CHERI, PARA JUNCTION, KALLUVATHUKKAL, KOLLAM. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PARIPALLY. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7054 of 2009 ------------------------------------ Dated this the 4th day of March, 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 the third accused in S.C. No.1300/2007 on the file of the court of the Sessions Judge, Kollam. Non-bailable warrant was issued by the learned Sessions Judge. The petitioner apprehends arrest and therefore, he has filed this application for anticipatory bail. 2. Crime No.138/2006 was registered by Paripally Police for the offences under Sections 143, 147, 148, 452, 341, 323, 324, 294(b), 427 and 395 read with Section 149 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioner that during crime stage, the petitioner was released on bail. The petitioner states that he had gone to Gulf countries for employment and therefore, he could not appear before the Sessions Court. Non bailable warrant was accordingly issued against him. B.A. No. 7054/ 2009 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 that 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]. Reserving the right of the petitioner to move the court which issued the non bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm