IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10011 of 2011() ------------------------------ CC.27/2009 of J.M.F.C.-VI, TRIVANDRUM .................... PETITIONER/ACCUSED: --------------------------------------- SAKKIR HUSSAIN, AGED 43 YEARS, S/O.SHAHABUDEEN, RANI MANZIL, VETTUVILAKAM, VAZHIMUKKU, BALARAMAPURAM P.O., THIRUVANANTHAPURAM-695 501. BY ADV. SRI.E.A.BIJUMON RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, ALONG WITH BA NO. 10012 OF 2011 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------------------- B.A.Nos.10011, 10012 & 10013 OF 2011 -------------------------------------------------------- Dated this the 12th day of December , 2011 ORDER The petitioner in these Bail Applications is Sakkir Husain, who is the accused in C.C. No.27 of 2009 and 619 of 2010 on the file of the Court of the Judicial Magistrate of the First Class-VI, Thiruvananthapuram and the accused in C.C.No.3255 of 2009 on the file of the Court of the Judicial Magistrate of the First Class-II, Thiruvananthapuram. He apprehends arrest in execution of the non bailable warrant issued by the court. Hence, he has filed these applications for anticipatory bail. 2. It is stated that the offence alleged in all the three cases is under Section 138 of the Negotiable Instruments Act. The petitioner states that he was in Bangalore and therefore, he could not appear before the Court. B.A.Nos. 10011, 10012 & 10013 OF 2011 OF 2011 2 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 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. 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. cms