IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5741 of 2011() ----------------------------- CRIME NO.123/2002 OF KOZHIKODE MEDICAL COLLEGE POLICE STATION PETITIONER :ACCUSED ------------------------------ ATTA KOYA,AGED 28 YEARS, S/O.MOHAMMED HAJA FAKURUDEEN, RESIDING AT VAIDHYAKKAD HOUSE, FAROKE, CALICUT-1 BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, CALICUT 3. P.RAMLA, D/O.KUNJOI, AGED 32 YEARS, RESIDING AT PALLATHENCHERY HOUSE, PAIGANTTU PURAM, KUNNAMANGALAM PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5741 of 2011 ---------------------------------------------- Dated this the 26th day of July, 2011 ORDER The petitioner apprehends arrest in execution of a non- bailable warrant issued by the court of the Judicial Magistrate of the First Class, Kunnamangalam in L.P.Case No.93 of 2003 in C.C.No.411 of 2002. 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 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). Bail Appln.No.5741/2011 : 2 : 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. When an application is filed by the petitioner to recall the warrant and to grant bail, the learned Magistrate shall dispose of the same in the light of the principles laid down in Vineeth Somarajan's case. K.T.SANKARAN, JUDGE skj