IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9922 of 2011() ----------------------------- L.P.R.165/2011 of J.M.F.C. - I, CHALAKUDY CRIME NO.362/2006 OF MALA POLICE STATION .................... PETITIONER/ACCUSED: --------------------- RADHAKRISHNAN, S/O.SUKUMARAN, 50 YEARS, CHAKKANALIL HOUSE, VADAMA DESOM, VADAMA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9922 of 2011 ---------------------------------------------- Dated this the 02nd day of December, 2011 ORDER The petitioner states that he is the first accused in L.P.R.No.165 of 2010 on the file of the court of the Judicial Magistrate of the First Class, Chalakudy. The case arose out of Crime No.362 of 2006 of Mala Police Station for the offences under Sections 452, 294(b) & 506(i) read with Section 34 of the Indian Penal Code and Section 3(1) of the P.D.P.P. Act. 2. The petitioner was enlarged on bail at the crime stage. It is stated that as he was not available in station, he could not appear before court. Non-bailable warrant was issued against the petitioner. The petitioner apprehends arrest in execution of the non-bailable warrant. Hence this Bail Application is filed. 3. 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 Bail Appln.No.9922/2011 : 2 : 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 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). 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