IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8556 of 2011 CC.2252/2010 OF J.M.F.C.-I,KOCHI PETITIONER/ACCUSED -------------------------------------- SHAKKEEL,S/O.BASHEER,AGED 29 YEARS, KAVUNGAL PURAY HOUSE,PO VAZHAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.T.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8556 OF 2011 ------------------------------------------------------ Dated this the 17th day of October, 2011 O R D E R The petitioner apprehends arrest in execution of a non- bailable warrant issued in C.C.NO.2252 of 2010, on the file of the Court of the Judicial Magistrate of the First Class I, Kochi. 2. It is stated that the offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act. 3. According to the petitioner, he has not received any summons in the case. The case was posted to 23.8.2011. It is stated that on that day, non-bailable warrant was issued against the petitioner. In these circumstances, the petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 4. 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, BAIL APPL. NO.8556 OF 2011 :: 2 :: 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). In the facts and circumstances of the case, the Bail Application is closed with liberty to the petitioner to approach the Court which issued the warrant to recall the warrant and to grant bail. When an application for bail is filed by the petitioner, the learned Magistrate shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/