IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8666 of 2011() ----------------------------- CRIME NO.262/2008 OF BATHIYADUKKA POLICE STATION C.P.NO.157/2011 OF JFCM, KASARAGOD .................... PETITIONER/ACCUSED: -------------------------- ABDUL SAMAD, S/O.MUHAMMED, RESIDING AT URUMI, MUGU POST, KUMBLA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY INSPECTOR OF POLICE, BATHIYADUKKA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8666 of 2011 --------------------------- Dated this the 3rd day of November, 2011 O R D E R The petitioner is the second accused in Crime No.262 of 2008 of Bathiyadukka Police Station. After completing the investigation, charge sheet was filed on 27.2.2010. The case was taken on file as C.P.No.234 of 2010. Later, the case was refiled as C.P.No.157 of 2011, due to non appearance of the petitioner. Non bailable warrant was issued by the court for the arrest of the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant and therefore, he has filed this application for anticipatory bail. The learned Public Prosecutor very vehemently opposed the Bail Application. He submitted that very serious allegations have been made and the petitioner was absconding all through out. 2. In Vineeth Somarajan vs. State of Kerala (2009 (3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the BA 8666/11 2 warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. If the petitioner surrenders before court and moves an application for bail and for recalling the warrant, the same would be considered by the court as indicated in Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576). 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 csl