IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 2001 of 2010() --------------------------------- CRIME NO. 6/2005 OF ADHUR POLICE STATION ........................ PETITIONER/ACCUSED: ---------------------------- SIDDEEK, S/O.P.C.ABDUL RAHIMAN, POVVAL, BENCH COURT, MULIYAR VILLAGE AND POST,KASARAGOD. BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI RESPONDENT: --------------- THE STATION HOUSE OFFICER, ADHUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 2001 of 2010 ------------------------------------ Dated this the 29th day of March, 2010 O R D E R This is an application for anticipatory bail. The petitioner states that he was the fourth accused in Crime No. 6/2005 of Adhur Police Station, Kasaragod District. It is stated that at the crime stage, the petitioner was granted bail. During the Committal proceedings also he was on bail. Now the case is pending as S.C. No. 405/2006 on the file of the Additional Sessions Court(Adhoc-III), Kasaragod. It is stated that the petitioner did not receive any summons from the Court. The petitioner states that he was working abroad. Non bailable warrant was issued by the Sessions Court. The petitioner apprehends arrest in execution of the non bailable warrant. Therefore, he has filed this application for anticipatory bail. 2. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009 (3) KHC 471] it was held that in cases where non bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the warrant and to apply for B.A. No. 2001 of 2010 2 recalling the warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007 (2) K.L.T. 280]. 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 ln