IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 3667 of 2009 S.C.NO.1172 OF 2008 ON THE FILE OF THE ADDITIONAL SESSIONS COURT (AD HOC) FAST TRACK NO.I, THRISSUR. PETITIONER: ACCUSED --------------------------- FAISAL, S/O.SALEEM, PARUPANAKKAL HOUSE KOORIKUZHI, KAIPAMANGALAM. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REP BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3667 OF 2009 ------------------------------------------------------ Dated this the 12th day of October, 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.26 in Crime No.65 of 2005 of Valappad Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The case was tried by the Sessions Court. It is submitted that all other accused were acquitted. The petitioner did not appear and, therefore, the case against him was split up and it was numbered as Long Pending Case. 4. Thereafter, the petitioner entered appearance and he was B.A. NO. 3667 OF 2009 :: 2 :: granted bail by the committal court. The learned counsel for the petitioner submitted that after committal of the case to the Sessions Court on 21.1.2009, the petitioner could not appear as he was working abroad. Though an application was filed on his behalf for condoning absence, the learned Sessions Judge dismissed that application, submits the counsel. Now, non-bailable warrant is issued against the petitioner. The petitioner apprehends arrest. 5. In Vineeth Somarajan 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, the remedy of the accused is to file an application for withdrawal of the warrant and for the grant of bail. 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 taking into account the principles laid down in Biju v. State of Kerala (2007(2) KLT 280). Reserving the right of the petitioner to apply before the Sessions Court for withdrawal of the warrant and for the grant of bail, this Bail Application is closed. If such applications for withdrawal of B.A. NO. 3667 OF 2009 :: 3 :: the warrant and for grant of bail are filed, those applications shall be disposed of by the learned Sessions Judge in the light of the aforesaid decisions. (K.T.SANKARAN) Judge ahz/