IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 212 of 2010() ----------------------------------------- CRIME NO.10/2006 OF KUNNATHUNADU POLICE STATION, ERNAKULAM DIST. .......... PETITIONER(S): ACCUSED: ---------------------------- MONACHEN, AGED 43 YEARS, S/O.PAPPACHAN, ELLUINVILA HOUSE, ARINGADU KARA, THALAVOOR VILLAGE PATHANAPURAM TALUK. BY ADVS. SMT.JEENA JOSEPH MR.G.D.PANICKER SMT.GISA SUSAN THOMAS RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KUNNATHUNADU, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 212 of 2010 ------------------------------------ Dated this the 21st day of January, 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 accused in Crime No.10/2006 of Kunnathunadu Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 279 and 304 of the Indian Penal Code. 3. The petitioner was working as a driver of a K.S.R.T.C Bus. The allegation is that on 10/1/2006, the bus was being driven by him in a rash and negligent manner and it hit on a pedestrian, who sustained injuries and on 11/01/2006, he succumbed to the injuries. 4. It is submitted by the learned counsel for the petitioner that the petitioner had gone abroad and he came to India only now. Non-bailable warrant issued by the court of the Judicial Magistrate of the First Class, Kolenchery in C.C. No.258/2006 is pending and he apprehends arrest in execution of the non-bailable warrant. Therefore, he has filed B.A. No. 212/2010 2 this application for anticipatory bail. 5. 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 non-bailable warrant to recall the warrant and to grant bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm