IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Bail Appl..No. 286 of 2010() --------------------------------------- CRIME NO.248/2002 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED NO.3: ------------------------------------------- MOHANDAS, S/O.NAYADIKUTTI, MANNADATHU HOUSE, CHEMBA COLONY, KASABA AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.T.MADHU RESPONDENT/COMPLAINANT: ---------------------------------------------- THE STATION HOUSE OFFICER, THAMPANOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 286 of 2010 ------------------------------------ Dated this the 29th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.248/2002 of Thampanoor Police Station. 2. The offences alleged against the petitioner are under Sections 457, 461 and 380 of the Indian Penal Code. 3. There were three accused in the case. The case was numbered as C.C.No.744/2006 on the file of the court of the Judicial Magistrate of the First Class-III, Thiruvananthapuram. The petitioner was released on bail by the trial court. Later, accused Nos. 1 and 3 were absconding and the case against them was split up. The case against accused Nos. 1 and 3 was renumbered as C.C.No.212/2008 on the file of the court of the Judicial Magistrate of the First Class-III, Thiruvananthapuram. The court has issued a non-bailable warrant. The petitioner apprehends arrest in execution of the non-bailable warrant and therefore, he has filed this application for anticipatory B.A. No. 286 /2010 2 bail. 4. 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 recalling that warrant and for the grant of bail. The remedy of the petitioner is to appear before the Magistrate's court and seek appropriate reliefs. Reserving the right of the petitioner as aforesaid, the Bail Application is closed. K.T. SANKARAN, JUDGE scm