IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 9077 of 2011 L.P.NO.37 OF 2008 (S.T.NO.861 OF 2004) ON THE FILE OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS V, KOZHIKODE PETITIONER/ACCUSED. --------------------------------------- SHINOJ, S/O.DEVADASAN, VAZHAYIL, AGED 32 YEARS, PERINGAVE, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENTS: STATE. -------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.9077 OF 2011 ------------------------------------------------------ Dated this the 31st day of October, 2011 O R D E R The petitioner is the accused in S.T.No.861 of 2004 on the file of the Court of the Judicial Magistrate of the First Class V, Kozhikode. The offences alleged against the petitioner are under Sections 279, 337 and 338 of the Indian Penal Code. The petitioner apprehends arrest in execution of a non-bailable warrant issued by the Court. Therefore, he has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. 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 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 BAIL APPL. NO.9077 OF 2011 :: 2 :: 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). In the facts and circumstances of the case, the Bail Application is closed with liberty to the petitioner to approach the Court which issued the warrant to recall the warrant and to grant bail. When an application for bail is filed by the petitioner, the learned Magistrate shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/