IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Bail Appl..No. 7911 of 2011() ---------------------------------------- SC.453/2008 of ADDL.DISTRICT COURT, THRISSUR CRIME NO.481/2006 OF CHAVAKKAD POLICE STATION .................... PETITIONER/SECOND ACCUSED: ------------------------------------------------- FAISAL, AGED 28 YEARS, S/O.MOIDUTTY, VALIYIL HOUSE, MANATHALA VILLAGE, DESOM, CHAVAKKAD. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT/STATE: ------------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.(CRIME NO.481/2006 OF CHAVAKKAD POLICE STATION, THRISSUR DISTRICT) (PENDING AS SC NO.453/2008 ON THE FILE OF THE PRINCIPAL ASSISTANT SESSIONS COURT, THRISSUR. BY PUBLIC PROSECUTOR, SRI,V. TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T.SANKARAN, J. --------------------------------- B.ANo.7911 OF 2011 --------------------------------- Dated this the 27th day of September , 2011 ORDER The petitioner is the second accused in Crime No.481 of 2006 of Chavakkad Police Station. It is stated that at the crime stage, the petitioner was granted bail. After submitting the final report, the petitioner appeared during the committal proceedings. It is stated that the case was committed to the Sessions Court, Thrissur. The petitioner states that the Sessions Court, Thrissur issued non bailable warrant to the petitioner on his non appearance before that Court. The petitioner apprehends arrest and therefore, he has filed this application for anticipatory bail. 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, B.ANo.7911 OF 2011 2 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 Court 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