IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8858 of 2011() ----------------------------- CC.567/2010 of J.M.F.C.,KUNNAMKULAM CRIME NO.51 OF 2006 OF PERAMANGALAM POLICE STATION, THRISSUR DT. .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- SHIBU,AGED 31 YEARS,S/O.BHASKARAN, PAMBUNGAL HOUSE,PONNORE.P.O,KUNNAMKULAM. BY ADV. SRI.C.HARIKUMAR SMT.V.V.ASHA RESPONDENT(S): STATE -------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031. BY P.P.SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8858 OF 2011 --------------------------------- Dated this the 25th day of October, 2011 ORDER The petitioner apprehends arrest in execution of the non bailable warrant issued by the Court of the Judicial Magistrate of the First Class, Kunnamkulam in C.C.No.567 of 2010. It is stated that the petitioner is the second accused in that case. The case arose out of Crime No.51 of 2006 of Peramangalam Police Station. In paragraph 3 of the Bail Application it is stated thus: “3. The petitioner was on bail in the crime stage. Later, when the case was posted for trial the petitioner could not participate in the same as he was abroad in connection with his employment. The case against the petitioner was split up while the case against the other accused was proceeded as CC No.234/2006 on the file of the Judicial First Class Magistrate, Kunnamkulam. The case against the petitioner was split up and renumbered as C.C.No.567/2010. The learned Magistrate has issued warrant against the petitioner.” B.A.No. 8858 OF 2011 2 2. The petitioner apprehends arrest in execution of the non bailable warrant issued by the court. Therefore, the petitioner has approached this court with a prayer for granting anticipatory bail. 3. 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 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). Reserving the right of the petitioner to move the Court which issued the non-bailable warrant, to recall the warrant B.A.No. 8858 OF 2011 3 and to grant bail, this Bail Application is closed. K.T.SANKARAN, JUDGE cms