IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5464 of 2009() ----------------------------- CRIME NO.445/2006 OF PERINTHALMANNA POLICE STATION, MALAPPURAM APPLICANT/ACCUSED NO.1 ------------------------------------------ SADAKATHULLA, AGED 32 YEARS, S/O.KUNJU MOHAMMED, KANCHIRAKKATIL HOUSE, NELLIKUTH P.O., MANJERI, MALAPPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, PERINTHALMANNA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5464 of 2009 --------------------------------------------- Dated this the 30th day of September, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed by the first accused in C.C.No.496 of 2008 pending before the Judicial Magistrate of the First Class-II, Perinthalmanna. The offence alleged against the petitioner and others is under Section 498A read with Section 34 of the Indian Penal Code. The petitioner was granted regular bail by the court below. Thereafter, it is submitted, he went abroad. The petitioner did not appear when the case was taken up. It is submitted that non bailable warrant was issued. At that stage, the petitioner has filed this application for anticipatory bail. As held in Vineeth Somarajan @ Ambadi vs. State of Kerala (2009(3) KHC 471), in a case of this nature, the remedy of the party is to apply before the court, which issued the non bailable warrant, to recall the warrant and for the grant of bail. If such Bail Application is filed, in the light of the decision BA No.5464 /2009 2 reported in Biju vs. State of Kerala (2007(2) KLT 280), it has to be disposed of expeditiously. Leaving open the right of the petitioner to move for bail and to apply for recalling the warrant, this Bail Application is closed. K.T.SANKARAN, JUDGE csl