IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6681 of 2011() ----------------------------- (CRIME NO.39 OF 2010 OF NEDUMKANDOM POLICE STATION, IDUKKI DT.) PETITIONERS/ACCUSED: -------------------- 1. M.R.SAKTHIVEL RAJA, S/O RAMASWAMY RAJA, 297, SAKANAYAKAN KOTTAI STREET, RAJAPALAYAM STREET TAMIL NADU STATE, 626117. 2. G.ARUN, S/O.T.S.GOPALAN, 11, ACHAMATHAMMAN KOIL ST., THIRU NAGAR, MADURAI-625026, TAMILNADU STATE) BY ADV. SRI.R.KRISHNAMURTHY RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, NEDUMKANDOM.P.S., IDUKKI DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6681 OF 2011 --------------------------------- Dated this the 16th day of August, 2011 ORDER The petitioners apprehend arrest in execution of a non bailable warrant issued by the Court of the Judicial Magistrate of the First Class, Nedumkandom in C.C.No.312 of 2010. The learned counsel for the petitioners submitted that the petitioners did not receive summons in the case. 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 B.A.No.6681 OF 2011 2 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). 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