IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8525 of 2011() ----------------------------- CP.395/2011 of J.M.F.C.-I,KASARAGOD CRIME NO.339/2009 OF KASARAGOD POLICE STATION .................... PETITIONER/7TH ACCUSED: ------------------------ BHANU PRAKASH, AGED 30 YEARS, S/O.LATE KRISHNAN, RAMDAS NAGAR P.O., KUDLU, KASARAGOD TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- THE CIRCLE INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8525 of 2011 ---------------------------------------------- Dated this the 02nd day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.7 in Crime No.339 of 2009 of Kasaragod Police Station, which is now pending as C.P.No.395 of 2011 on the file of the Court of the Judicial Magistrate of the First Class-I, Kasaragod. The petitioner apprehends arrest in execution of the non-bailable warrant issued by the court. Therefore, this Bail Application is filed. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 153(A), 341, 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The learned Public Prosecutor submitted that the petitioner was absconding and therefore he could not be arrested. According to the learned Public Prosecutor, this is a case in which under no circumstances anticipatory bail can be granted. 4. In Vineeth Somarajan @ Ambady v. State of Kerala (2009 (3) KHC 471), it was held that where non- Bail Appln.No.8525/2011 : 2 : bailable warrant is issued by the court on account of non- appearance of the accused, 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. 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 skj