IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5334 of 2011() ----------------------------- CC NO.146/2008 OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM .................... PETITIONER/ACCUSED: ---------------------------------- SEBASTIAN.P.JOHN, S/O.JOHN, AGED 35 YEARS, PLATHOTTATHIL HOUSE, KANJIKKUZHY P.O. IDUKKI DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE SRI.JAI GEORGE RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE INSPECTOR OF POLICE, CBI/SPE, COCHIN, KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5334 of 2011 --------------------------- Dated this the 7th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in C.C.No.146 of 2008 on the file of the court of the Chief Judicial Magistrate, Ernakulam. The petitioner has moved this application for anticipatory bail under Section 438 of the Code of Criminal Procedure on the ground that he apprehends arrest in execution of a warrant issued by the court. 2. In Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. If the petitioner surrenders before court and moves an application for bail and for recalling the warrant, the same would be considered by the court as mentioned in Vineeth Somarajan vs. BA 5334/2011 2 State of Kerala (2009(3) KLT 576). The Bail Application is accordingly closed. K.T.SANKARAN JUDGE csl