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. 9146 of 2011() ----------------------------- CRIME NO.243/2007 OF MALA POLICE STATION NOW PENDING BEFORE THE J.M.F.C., CHALAKUDY AS CC 210/2011 .................... PETITIONER :2ND ACCUSED ------------------------------ SHANAVAS, S/O.MAJEED, KALLUNGAL HOUSE, ACHANGADI, P.VEMBALLUR. 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, MALA. 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.9146 of 2011 --------------------------- Dated this the 4th day of November, 2011 O R D E R The petitioner is the second accused in C.C.No.210 of 2011 on the file of the court of the Judicial Magistrate of the First Class, Chalakkudy, arising out of Crime No.243 of 2007 of Mala Police Station. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. The petitioner apprehends arrest in execution of a non bailable warrant issued by the court. The necessary details are not available in the Bail Application. It is only stated that the petitioner went abroad for employment. 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 to move under Section 438 Crl.P.C. for anticipatory bail. If the petitioner surrenders before court and moves an application for BA 9146/11 2 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 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 csl