IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1113 of 2010() ---------------------------------- CC.62/2004 of C.J.M.PATHANAMTHITTA CRIME NO. 573/2003 OF PATHANAMTHITTA POLICE STATION .................... PETITIONER/ACCUSED NO.10 : ----------------------------------- NISANTH,AGED 35 YEARS, S/O.PODIYAN, CHANDRIKASADANAM, CHANDANAKUNNU COLONY, MEZHUVELI VILLAGE, ELAVUMTHITTA MURI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.573 OF 2003 OF PATHANAMAMTHITTA POLICE STATION). BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1113 of 2010 ------------------------------------ Dated this the 2nd day of March, 2010 O R D E R It is stated that the petitioner is accused No.10 in C.C. No. 62/2004 on the file of the Court of the Chief Judicial Magistrate, Pathanamthitta, which is now pending as L.P. No. 74/2008. It is stated that the petitioner was not arrested during the crime stage and that he was not aware of the case. The petitioner was working abroad. It is also stated by the petitioner that he did not receive any summons in the case. However, non bailable warrant was issued against the petitioner for his arrest. The petitioner apprehends arrest in execution of the non bailable warrant and therefore, he has filed this application for anticipatory bail. 2. 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 the warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the B.A. No. 1113 /2010 2 light of the principles laid down in Biju Vs. State of Kerala [2007 (2) K.L.T. 280]. Reserving the right of the petitioner to move the Court which issued the non bailable warrant, to recall the warrant and to grant bail, this Bail Application is closed. K.T. SANKARAN, JUDGE ln