IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6469 of 2009() --------------------------------------- CC.233/2008 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.371/2007 OF EZHUKONE POLICE STATION. .................... PETITIONER/ACCUSED NO.2: ------------------------------------------- SUGUNAN, S/O. SUKUMARAN, SIVAMANGALATHU VEEDU, PERUMPUZHA, PONNAMKKU, KUNDARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT/STATE: ----------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, EZHUKONE POLICE STATION, KOLLAM DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6469 of 2009 ------------------------------------ Dated this the 9th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.371/2007 of Ezhukone Police Station. Charge sheet was filed in the case and it is pending as C.P. No.233/2008 on the file of the court of the Judicial Magistrate of the First Class-I, Kottarakara. It would appear that non-bailable warrant was issued by the court. 2. The offences alleged against the petitioner are under Sections 308 and 332 read with Section 34 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. The petitioner apprehends arrest in execution of the non-bailable warrant issued by the court. 4. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009(3) KHC 471], it was held that in cases where non-bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the B.A. No. 6469/ 2009 2 warrant and to apply for recalling that warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007(2) K.L.T 280]. Reserving the right of the petitioner to move the learned Magistrate for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm