IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10223 of 2011 LP.682/2006 of J.M.F.C.I,RANNI (C.C.NO.682 OF 2006) CRIME NO.30 OF 2004 OF PAMPA POLICE STATION PETITIONER/ACCUSED -------------------------------------- APPACHAN @ VARGHESE,S/O.JOSEPH, THUNDIYIL VEEDU,KISUMAM,THULAPPALLY, KOLLAMULA VILLAGE,RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.V.VINAY RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. THE SUB INSPECTOR,PAMPA POLICE STATION, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10223 OF 2011 ------------------------------------------------------ Dated this the 12th day of December, 2011 O R D E R The petitioner apprehends arrest in execution of the non- bailable warrant issued by the Court of the Judicial Magistrate of the First Class I, Ranni in C.C.No.682 of 2006, which is now pending as L.P.No.59 of 2007. Hence, the petitioner has filed this application for anticipatory bail. It is stated that due to non-appearance of the petitioner, non-bailable warrant was issued against him. The offences alleged against the petitioner are under Sections 447, 294 (b), 323 and 324 read with Section 34 of the Indian Penal Code. 2. In Vineeth Somarajan @ Ambady v. State of Kerala (2009 (3) KHC 471), it was held that where non-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 BAIL APPL. NO.10223 OF 2011 :: 2 :: 438 of the Code of Criminal Procedure. It was also noticed in that decision that when such an application for bail is filed, the learned Magistrate has to dispose of the Bail Application in the light of the principles laid down in Biju v. State of Kerala (2007(2) KLT 280). In the facts and circumstances of the case, the Bail Application is closed with liberty to the petitioner to approach the Court which issued the warrant to recall the warrant and to grant bail. When an application for bail is filed by the petitioner, the learned Magistrate shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/