IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10037 of 2011() ------------------------------ CC.266/2006 of J.M.F.C.-II,ATTINGAL .................... PETITIONERS/ACCUSED -------------------------- 1. MEHABOOB, S/O.SHOWKATHALI, AGED 47 YEARS, RESIDING AT MATHAZHIKOM, THEKKUMBHAGOM, KOTTAPPURAM, PARAVUR P.O., KOLLAM. 2. SHANIR, S/O.SAKARIA, AGED 25, RESIDING AT NARAYANAZHIOM, THEKKUMBHAGOM, KOTTAPPURAM, PARAVUR, KOLLAM. BY ADV. SRI.HARISH GOPINATH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KEARLA, REPRENSENTED BY SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, TRIVANDRUM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10037 of 2011 --------------------------- Dated this the 14th day of December, 2011 O R D E R The petitioners apprehend arrest in execution of the non bailable warrant issued in C.C.No.266 of 2006 on the file of the court of the Judicial Magistrate of the First Class-II, Attingal. The offence alleged against the petitioners is under Section 420 of the Indian Penal Code. 2. According to the petitioners, summons was not served on them. 3. The learned Public Prosecutor submitted that after completing the investigation, charge was laid on 7.9.2005. The learned Magistrate issued summons and according to the learned Public Prosecutor, the summons was served. Due to non appearance of the accused, non bailable warrant was issued. BA 10037/11 2 4. In Vineeth Somarajan vs. State of Kerala (2009 (3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. Reserving the right of the petitioners 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 csl