IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9088 of 2011 CRIME NO.545 OF 2010 OF KASARAGOD POLICE STATION, KASARAGOD. C.P.NO.305 OF 2010 OF JFCM I, KASARAGOD. PETITIONER: ACCUSED NO.1: -------------------- C.P.ABOOBACKER,AGED 55 YEARS S/O.MOHAMMED,PONATHIL HOUSE, P.O.CHENGALA, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS: COMPLAINANT & STATE: --------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATION HOUSE OFFICER (CR.545/2010 OF KASARAGOD POLICE STATION) KASARAGOD DISTRICT 671 121. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9088 OF 2011 ------------------------------------------------------ Dated this the 23rd day of November, 2011 O R D E R The petitioner is accused No.1 in Crime No.545 of 2010 of Kasaragod Police Station. After completing the investigation, charge sheet was filed in the case. The case is now pending as C.P.No.305 of 2010 on the file of the Court of the Judicial Magistrate of the First Class I, Kasaragod. The petitioner apprehends arrest in execution of a non- bailable warrant issued by the Court and therefore, he has filed this application for anticipatory bail. 2. In paragraph 7 of the Bail Application, it is stated thus: “7. In the above crime charge sheet has been filed and now before the J.F.C.M. Court-I, Kasaragod as C.P.No.305/2011 and warrant is pending against the petitioner. The petitioner has not received any summons in respect of Crime No.545/2010 since he was under treatment in various hospitals. The petitioner is also an aged person and is ready to surrender before the court below and face trial.” BAIL APPL. NO. 9088 OF 2011 :: 2 :: 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 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). In the facts and circumstances of the case, the Bail Application is closed 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/