IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8584 of 2011 CRIME NO.144 OF 2007 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA DISTRICT. PETITIONER/ACCUSED -------------------------------------- GOPALAKRISHNA PILLAI, S/O. VASUDEVAN PILLAI, THUNDATHIL, PAVUMBA, KARUNAGAPPALLY. BY ADV. SRI.J.OM PRAKASH RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SIR.T.R.RANJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8584 OF 2011 ------------------------------------------------------ Dated this the 17th day of October, 2011 O R D E R The petitioner apprehends arrest in execution of the non- bailable warrant issued by the Court of the Judicial Magistrate of the First Class I, Haripad in L.P.No.6 of 2009. It is stated that the offence alleged against the petitioner is under Section 498A of the Indian Penal Code. The petitioner states that he appeared before Court and he was granted bail. Later, he went to a Gulf country in connection with his job. Due to the non-appearance of the petitioner, non-bailable warrant was issued by the Court and the case was treated as Long Pending Case. 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 BAIL APPL. NO. 8584 OF 2011 :: 2 :: 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). 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/