IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3585 of 2009() ----------------------------- ST.1951/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-ALATHUR .................... PETITIONER (S): ACCUSED ---------------------------------------- KANNAN @ MURALI, SON OF CHEVUKUTTY, THATTANPARA, THIRUVAZHIYADU, AYILOOR VILLAGE, CHITTUR TALUK. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SRI.PAVITHRAN RAVINDRA NATH SMT.NISHA G.THARAMAL RESPONDENT(S): STATE : ---------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3585 of 2009 -------------------------------- Dated this the 7th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in S.T.No.1951 of 2006 on the file of the court of the Judicial Magistrate of Alathur. 2. It is stated that the petitioner appeared before court and he was released on bail. On 5.6.2009, he could not appear before court. Though an application was filed to condone his absence, the learned Magistrate issued non bailable warrant. Apprehending that the petitioner would be arrested, he has filed this Bail Application. 3. Under what circumstances the non bailable warrant was issued by the learned Magistrate could be seen from the records in the case. The petitioner has an alternative remedy of approaching the learned Magistrate for recalling the warrant. He could also file a Criminal Miscellaneous Case under Section 482 of BA No.3585/2009 2 the Code of Criminal Procedure. I do not think that in the facts and circumstances, the petitioner can invoke the discretionary remedy under Section 438 of the Code of Criminal Procedure. Without prejudice to the right of the petitioner to resort to appropriate legal remedies, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl