IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5566 of 2011 LP.110/2004 OF J.M.F.C.-I, ALUVA PETITIONER: ACCUSED: -------------------- BABY, AGED 50. S/O.KURIAN PONMANKAL HOUSE, AZHEEKODU PO, KANNUR. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5566 OF 2011 ------------------------------------------------------ Dated this the 7th day of July, 2011 O R D E R The petitioner is the accused in a case under Section 138 of the Negotiable Instruments Act. The petitioner did not appear before Court. According to the petitioner, he has not received summons. The case was treated as long pending and it was numbered as L.P.No.110 of 2004, on the file of the Court of the Judicial Magistrate of the First Class I, Aluva. Warrant was issued against the petitioner. The petitioner apprehends arrest in execution of the warrant and, therefore, he has filed this Bail Application for the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. In Vineeth Somarajan v. State of Kerala (2009 (3) KLT 576), it was held that when a warrant is issued by the Court, normally, the accused should approach that Court for recalling the warrant and for granting bail. In the present case also, the petitioner could have approached the Court which issued the warrant and could have applied for recalling the warrant and for granting bail. If the petitioner files an BAIL APPL. NO.5566 OF 2011 :: 2 :: application for recalling the warrant and for granting bail, the Judicial Magistrate of the First Class I, Aluva shall make every endeavour to consider the application at the earliest. With the above observation, the Bail Application is closed. (K.T.SANKARAN) Judge ahz/