IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Bail Appl..No. 7035 of 2011() ----------------------------- CP.133/2005 of J.M.F.C. - I, KARUNAGAPPALLY Cr.NO.271/02 OF CHAVARA POLICE STATION, KOLLAM DISTRICT. .................... PETITIONER/ACCUSED: -------------------- UTHAMAN, AGED 44 YEARS, S/O.BALAN, MANJERY HOUSE, KAIPARAMBU PO, THRISSUR BY ADV. SRI.P.G.SURESH SRI.C.V.MANUVILSAN SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT(S): --------------- STATE OF KERALA, REP: BY S.I.OF POLICE, KARUNAGAPPALLY, REP: THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7035 OF 2011 --------------------------------- Dated this the 29th day of September, 2011 ORDER The petitioner apprehends arrest in execution of a non bailable warrant issued by the Judicial Magistrate of the First Class, Karunagappally in CP No.133 of 2005. During the crime stage, the petitioner was not arrested. The learned Public Prosecutor submitted that he was absconding. 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 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 B.A.No.7035 OF 2011 2 and to grant bail, this Bail Application is closed. K.T.SANKARAN, JUDGE. cms