IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 6396 of 2011 S.C.NO.239 OF 2002 OF SESSIONS COURT, MANJERI. CRIME NO.173 OF 2001 OF PARAPPANANGADI POLICE STATION. PETITIONER : ---------------------- RAFEEQUE,AGED 36 YEARS,S/O.SAIDALAVI, KUNNATH HOUSE,542,PARAPPANANGADI.P.O, THIROORANGADI,MALAPPURAM. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6396 OF 2011 ------------------------------------------------------ Dated this the 26th day of September, 2011 O R D E R The petitioner apprehends arrest in execution of a non-bailable warrant issued in S.C.No.239 of 2002 of Sessions Court, Manjeri. It is submitted that bail was granted to the petitioner during crime stage. Later, he went abroad. Since the petitioner did not appear before Court, non-bailable warrant was issued against him. 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 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). BAIL APPL. NO.6396 OF 2011 :: 2 :: In the facts and circumstances of the case, the Bail Application is disposed of 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 Sessions Court, Manjeri shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/