IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 8147 of 2011 S.C.NO.414 OF 2007 OF THE COURT OF THE ASSISTANT SESSIONS JUDGE, OTTAPALAM, NOW PENDING AS L.P.NO.28 OF 2010. PETITIONER: ACCUSED: -------------------- RAGHUNATHAN, S/O.GOPALAN, ELAPPIL HOUSE, CHERUKODE, VALLAPPUZHA, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8147 OF 2011 ------------------------------------------------------ Dated this the 30th day of September, 2011 O R D E R The petitioner apprehends arrest in execution of a non- bailable warrant issued in S.C.No.414 of 2007, on the file of the Court of the Assistant Sessions Judge, Ottapalam, which is now pending as L.P.Case No.28 of 2010. It is stated that, on summons, the petitioner appeared before Court and he was enlarged on bail. It is submitted that, thereafter, he secured employment abroad and left India. On account of the non-appearance of the petitioner, the case was treated as long pending and non-bailable warrant was issued for the arrest of the petitioner. In these circumstances, 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 BAIL APPL.NO.8147 OF 2011 :: 2 :: 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 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). In the facts and circumstances of the case, the Bail Application is disposed of with liberty to the petitioner to approach the Court which issued the warrant to recall the warrant and to grant bail. When an application for bail is filed by the petitioner, the Court shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/