IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 8280 of 2011() ----------------------------- L.P.NO.43/2007 IN ST NO.1344/2005 ON THE FILE OF THE JFCM-II, PATHANAMTHITTA PETITIONER (S): ACCUSED ------------------------------ BINEESH BABU, S/O.BABU MANGALAM AGED 35 YEARS RESIDING AT MANGALATHU HOUSE VAKAYAR P.O., KONNI PATHANAMTHITTA DISTRICT. BY ADV. SRI.ROY THOMAS (PATHANAMTHITTA) RESPONDENT(S): STATE ----------------------------- STATE OF KERALA THROUGH THE STATION HOUSE OFFICER PATHANAMTHITTA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8280 of 2011 --------------------------- Dated this the 4th day of October, 2011 O R D E R The petitioner apprehends arrest in execution of the non bailable warrant in L.P.No.43 of 2007 in S.T.No.1344 of 2005 on the file of the court of the Judicial Magistrate of the First Class-II, Pathanamthitta. The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act. It is stated that the petitioner did not receive any summons in the case. It is stated in the Bail Application that the petitioner was in Yemen for the period from 19.8.2005 to 3.9.2011. The case was treated as long pending and non bailable warrant was issued by the court. 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 warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. If the BA 8280/11 2 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). K.T.SANKARAN JUDGE csl