IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6831 of 2009() ---------------------------------------- CC.695/2004 of J.M.F.C.,THIRUVALLA .................... PETITIONERS/ACCUSED: --------------------------------------- 1. GEEVARGHESE @ SAJI, AGED 32 YEARS, S/O. VARKEY CHANDY VADAKKETHALAKKAL,KADAPRA, THIRUVALLA. 2. VARKEY CHANDY, AGED 69 YEARS S/O. CHANDY VARKEY, VADAKKETHALAKKAL,KADAPRA, THIRUVALLA. 3. CHINNAMMA, AGED 56 YEARS W/O. CHANDY VARKEY, VADAKKETHALAKKAL,KADAPRA, THIRUVALLA. BY ADV. SRI.JOSEPH GEORGE RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, PULIKEEZHU POLICE STATION PATHANAMTHITTA DISTRICT, BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6831 of 2009 ------------------------------------ Dated this the 16th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 to 4 in C.C. No.695/2004 on the file of the court of Judicial Magistrate of the First Class, Thiruvalla. 2. The offences alleged against the petitioners are under Sections 420, 392, 323 and 506(ii) of the Indian Penal Code. 3. It is stated that the petitioners were released on bail. It is stated by the petitioners that they could not appear on the date to which the case was posted. The court issued non- bailable warrant against the petitioners. The petitioners apprehend arrest in execution of the non-bailable warrant. Therefore, they have filed this application for anticipatory bail. 4. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009(3)KHC 471], it was held that in cases where non-bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the warrant and to apply for recalling that warrant and for the grant of bail. It was also B.A. No. 6831 / 2009 2 observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007(2) K.L.T 280]. Reserving the right of the petitioners to approach the court which issued warrant, to recall the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm