IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5647 of 2011 CRMP.889/2011 of DISTRICT COURT, KASARAGOD CRIME NO.129 OF 1998 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED -------------------------------------- K.S.A.HAKEEM, S/O.P.M.SHAFI, FATHIMA VILLA, ETHIRTHOD, CHENGALA POST, KASARAGOD TALUK. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (THROUGH SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, KASARAGOD). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5647 OF 2011 A ------------------------------------------------------ Dated this the 25th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner apprehends arrest in execution of a non-bailable warrant issued against him by the Court of the Chief Judicial Magistrate, Kasaragod in L.P.C.No.35 of 2000 (Crime No.129 of 1998 of Kasaragod Police Station). 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 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 learned Magistrate 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). BAIL APPL. NO.5647 OF 2011 :: 2 :: 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 learned Magistrate shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/