IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8791 of 2011() ----------------------------- CC.26/2003 of C.J.M.,THRISSUR CRIME NO.,196/2002 OF THRISSUR TOWN WEST POLICE STATION, THRISSUR .................... PETITIONER/5TH ACCUSED: ----------------------------------------- SUBAIR, AGED 45, S/O.AHAMMEDKUTTY, PUTHIYAVEETTIL KIZHAKKETHIL HOUSE, VATANAPPILLY PO, CHAVAKKAD TALUK, THRISSUR DT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------- STATE OF KERALA, REP: BY SUB INSPECTOR OF POLICE, THRISSUR TOWN WEST POLICE STATION, THRISSUR(CRIME NO.196/2002), REP: BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8791 OF 2011 --------------------------------- Dated this the 21st day of October, 2011 ORDER It is stated that the petitioner is the 5th accused in C.C.No.26 of 2003 on the file of the Court of the Chief Judicial Magistrate, Thrissur. The case was posted to 26.09.2011. The petitioner was absent. The Court issued non bailable warrant against the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant 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, normally, straight away approach the High B.A.No. 8791 OF 2011 2 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