IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5228 of 2009 CRIME NO.598 OF 2007 OF KATTAPPANA POLICE STATION CP.122/2007 of J.M.F.C., KATTAPPANA PETITIONER/12TH ACCUSED ------------------------------------------- RAJAN JACOB, S/O. JACOB, KUTTIKKATTU HOUSE, KAMBALIKANDOM KARA, KONNATHADY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION. 3. DETECTIVE INSPECTOR, CBCID, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5228 OF 2009 ------------------------------------------------------ Dated this the 24th day of September, 2009 O R D E R The petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure apprehending arrest in C.P.No.122 of 2007 on the file of the Court of the Judicial Magistrate of the First Class, Kattappana. Learned Public Prosecutor submitted that charge was laid in the case on 29.3.2007. Now, a non-bailable warrant is issued against the petitioner. It is submitted by the petitioner that he has not received summons. 2. In the light of the decision in Vineeth Somarajan v. State of Kerala (2009 (3) KLT 576), the petitioner has to approach the Magistrate's Court for withdrawal of the warrant and for grant of bail. Learned counsel for the petitioner submitted that his apprehension is that the learned Magistrate will pass an order to remand the petitioner. He points out the decision in Biju v. State of Kerala (2007 (2) KLT 280). B.A. NO. 5228 OF 2009 :: 2 :: Leaving open the right of the petitioner to move for regular bail and for withdrawal of the warrant, this Bail Application is closed. (K.T.SANKARAN) Judge ahz/