IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 10098 of 2011() ------------------------------ CC.5/2011 of C.J.M.,THODUPUZHA CRIME NO.1541/2010 OF THODUPUZHA POLICE STATION .................... PETITIONER ------------------------------ VIJAYAKUMAR,AGED 60 YEARS, S/O.RAJAPPAN NAIR,BRUSH FIELD STREET, NOTTIGHAM,POST CODE N G 75 LL,UK, NOW RESIDING AT NJARALAKATTU KRISHNAKRIPA, WEST KADUNGALLUR, NEAR SASTA TEMPLE, ALUVA BY ADV. SRI.M.R.NANDAKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, THODUPUZHA,IDUKKI DISTRICT 685 584 PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10098 of 2011 ---------------------------------------------- Dated this the 06th day of December, 2011 ORDER The petitioner apprehends arrest in execution of a non-bailable warrant issued by the court of the Chief Judicial Magistrate, Thodupuzha in C.C.No.5 of 2011. It is stated that the offences alleged against the petitioner are under Sections 294(b), 406 and 420 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the dispute essentially is of a civil nature and O.S.No.10 of 2011 filed by the petitioner against the de facto complainant is pending before the Sub Court, Thodupuzha. The petitioner states that he was not served with any summons and he was working in London. A non-bailable warrant was issued against the petitioner for the arrest of the petitioner. Therefore, he has filed this application for anticipatory bail. 2. In Vineeth Somarajan @ Ambady v. State of Kerala (2009 (3) KHC 471), it was held that where non- Bail Appln.No.10098/2011 : 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. It was also noticed in that decision that when such an application for bail is filed, the court 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). 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