IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 5675 of 2011() -------------------------- PETITIONER/ACCUSED -------------------- CHAKOLIL VARGHESE LORANCE, XIII/629A, MARYMATHA, THOPPIL ROAD, VAZHAKKALA, COCHIN-21. BY ADV. SRI.K.RAVEENDRAN RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, CENTRAL POLICE STATION, KOMBRA, COCHIN. 2. THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, KOMBARA, COCHIN. 3. THE MANAGER, KOTAK-MAHEENDRA BANK LTD., NEAR CHENNAI SILKS, M.G.ROAD, COCHIN. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5675 of 2011 ---------------------------------------------- Dated this the 18th day of July, 2011 ORDER The petitioner is an accused in a case instituted before the Metropolitan Magistrate's Court, Bangalore under Section 138 of the Negotiable Instruments Act. The petitioner states that he did not receive any summons in the case. He also does not know the number of the case. It is stated that the petitioner is about to be arrested in execution of a warrant issued by the Metropolitan Magistrate's Court of Bangalore. Therefore, the petitioner 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 Court by filing a Bail Application under Section 438 of the Code of Criminal Procedure. The same principle will apply in Bail Appln.No.5675/2011 : 2 : respect of a case pending before a court situated outside the State of Kerala as well and therefore the Bail Application cannot be entertained. For the aforesaid reasons, the Bail Application is dismissed. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge