IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9506 of 2011() ----------------------------- Crime No.409 of 2001 of Medical College Police Station, Thiruvananthapuram. PETITIONER/ACCUSED: --------------------------------------- NITHIN, S/O.BHASI, THOPPILVEEDU, PATTOM MARAIKKAR, T.K.DIVAKARAN ROAD, KESAVADASAPURAM WARD, PATTOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9506 OF 2011 --------------------------------- Dated this the 25th day of November, 2011 ORDER The petitioner is accused No.4 in Crime No.409 of 2001 of Medical College Police Station, Thiruvananthapuram. The case against the petitioner was split up and it was numbered as L.P. No. 57 of 2006 in C.P.No.92 of 2006 on the file of the Court of the Additional Chief Judicial Magistrate, Thiruvananthapuram. Non bailable warrant was issued against the petitioner and apprehending arrest, the petitioner has moved this application for anticipatory bail. 2. It is stated in paragraph 2 of the Bail Application thus: “The petitioner is innocent of the allegations. The petitioner was unaware of the case till recently. The petitioner got employment at Gulf Country during the year 2003 and thereby he left the country for employment. The petitioner is working in a shop at Raz-al-kaimah. Recently when he came back home for his marriage he came to know that the learned Magistrate has issued B.A.No. 9506 OF 2011 2 non-bailable warrant to him. The petitioner thereafter enquired and came to know that he was falsely implicated in the case.” 3. 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. 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