IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2263 of 2010() ----------------------------- CC.146/2010 of J.M.F.C., KARUNAGAPPALLY CRIME NO.209/2009 OF CHAVARA POLICE STATION .................... PETITIONER/3RD ACCUSED ------------------------------------------ DAS, S/O. A.PETER, KULAPPURAYIDAM, ERAVIPURAM, KOLLAM-11. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.2263 of 2010 --------------------------------------------- Dated this the 8th day of April, 2010 O R D E R It is stated that the petitioner is the third accused in Crime No.209 of 2009 of Chavara Police Station registered for the offences under Sections 457, 461, 380 and 411 read with Section 34 of the Indian Penal Code. It is stated that after completing the investigation, charge sheet was filed. The case is now pending as C.C.No.146 of 2010 on the file of the court of the Judicial Magistrate of the First Class, Karunagappally. The petitioner was not arrested during the crime stage. It is stated that the petitioner did not receive any summons in the case. However, a non bailable warrant was issued by the 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 @ Ambady vs. State of Kerala (2009(3) KHC 471), it was held that in cases where non bailable warrant is issued by the court, normally, the person BA No.2263/2010 2 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 invoking 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 vs. State of Kerala (2007(2) KLT 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 csl