IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10328 of 2011() ------------------------------ LP.24/2011 of I ADDL.SUB COURT, THRISSUR Crime No.290 of 2007 of Guruvayoor Police Station .................... PETITIONER/ACCUSED -------------------------------------- SUNIL P.V., S/O.VELAYUDHAN, AGED 35 YEARS, THOMMIL HOUSE, P.O.THAIKKAD, CHAVAKKAD TALUK. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENT(S): COMPLAINANT -------------------------- THE 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 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10328 OF 2011 --------------------------------- Dated this the 20th day of December, 2011 ORDER It is stated that the petitioner is an accused in Crime No.290 of 2007 of Guruvayoor Police Station, for the offences under Sections 376 and 313 of the Indian Penal Code. After filing the final report, the petitioner was enlarged on bail. The case was committed to the Sessions Court where it was numbered as SC No.1241 of 2008. As the petitioner did not appear, the case against him was treated as long pending case and it was numbered as LP No.24 of 2011. The court issued non bailable warrant against the petitioner. He apprehends arrest in execution of the non bailable warrant. 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 B.A.No. 10328 OF 2011 2 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