IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Bail Appl..No. 8150 of 2011() ------------------------- LP.279/2008 of J.M.F.C., KODUNGALLUR CRIME NO.7/2007 OF KODUNGALLOOR POLICE STATION .................... PETITIONER/ACCUSED-3 : ------------------------ ANSAL, AGED 25 YEARS,S/O.MUHAMMED, PUNNACKAL HOUSE,EARIYAD POST,PIN-680666, THRISSUR DISTRICT. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SRI.K.J.JOSEPH (ERNAKULAM) RESPONDENT: COMPLAINANT & STATE ---------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, COCHIN-31. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8150 of 2011 ---------------------------------------------- Dated this the 12th day of October, 2011 ORDER The petitioner states that he is the third accused in Crime No.7 of 2007 of Kodungalloor Police Station. It is stated that the offences alleged against the accused are under Sections 143, 147, 447, 427, 294(b) and 506(ii) read with Section 149 of I.P.C. 2. The petitioner states that no summons was issued to him and a warrant was issued by the court. The contention of the petitioner is that issue of warrant was illegal. The case is now pending as L.P.No.297 of 2008 on the file of the court of the Judicial Magistrate of the First Class, Kodungalloor. The petitioner apprehends arrest in execution of the non- bailable warrant. 3. It is submitted by the learned counsel for the petitioner that the wedding of the petitioner is to be solemnized on 16th October, 2011 and if the petitioner is arrested before that date, he will be put to untold misery and great hardship. Bail Appln.No.8150/2011 : 2 : 4. 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). 5. 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. Taking into account the fact that the wedding of the petitioner is scheduled to be held on 16th October, 2011, there will be an interim direction that the petitioner shall not be arrested in execution of the warrant in L.P.No.297 of 2008 on Bail Appln.No.8150/2011 : 3 : the file of the court of the Judicial Magistrate of the First Class, Kodungalloor, for a period of two weeks. K.T.SANKARAN, JUDGE skj True copy P.A. to Judge