IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 9182 of 2011() ----------------------------- CRIME NO.303/2008 OF KODUNGALLUR POLICE STATION NOW PENDING BEFORE THE JFCM COURT, KODUNGALLUR AS CC 709/2010 .................... PETITIONERS (S): ACCUSED 1 & 3 ------------------------------------------ 1. ANAS,S/O.HAMEED,PUTHIYAVEETTIL HOUSE CHAPPARA DESOM, PULLUT. 2. SHANU,S/O.ABU,KURIAMPILLY HOUSE CHAPPARA DESOM, PULLUT. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING THE S.I OF POLICE, KODUNGALLUR. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9182 of 2011 --------------------------- Dated this the 4th day of November, 2011 O R D E R The petitioners are accused Nos.1 and 3 in C.C.No.709 of 2010 pending before the court of the Judicial Magistrate of the First Class, Kodungallur. The case arose out of Crime No.303 of 2008 of Kodungallur Police Station. The offences alleged against the petitioners are under Sections 143, 147, 148 and 153 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. It is stated that the petitioners were granted bail during the crime stage. Thereafter, they went abroad. The trial court issued non bailable warrant against the petitioners. The petitioners apprehend arrest in execution of the non bailable warrant. 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 BA 9182/11 2 to move under Section 438 Crl.P.C. for anticipatory bail. If the petitioner surrenders before court and moves an application for bail and for recalling the warrant, the same would be considered by the court as indicated in Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576). Reserving the right of the petitioners 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