IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Bail Appl..No. 9026 of 2011() ----------------------------- SC.540/2009 OF ADDITIONAL SESSIONS COURT, MANJERI .................... PETITIONERS/ACCUSED A-3 -------------------------------- LIYAS @ BIJU, S/O.MOIDEENKUTTY, PANGINIKKADAN HOUSE, KADANNAMANNA P.O., MALAPPURAM. BY ADV. SRI.SAIBY JOSE KIDANGOOR SRI.JOSWIN THAMBI KUNNATH RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA- 682 031. 2. SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, PERINTHALMANNA-679 332. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9026 of 2011 --------------------------- Dated this the 19th day of November, 2011 O R D E R The petitioner is accused No.3 in SC No.540 of 2009 on the file of the court of the Additional Sessions Judge, Manjeri. Due to non appearance of the petitioner, non bailable warrant was issued against the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant and therefore, this application for anticipatory bail is filed. 2. In Vineeth Somarajan vs. State of Kerala (2009 (3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. 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 csl