IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8810 of 2011 CRIME NO.579 OF 2006 OF KOTTIYAM POLICE STATION, KOLLAM. S.C.NO.527 OF 2010 OF ADDL.ASSISTANT SESSIONS COURT, KOLLAM. PETITIONER/ACCUSED NO.13 -------------------------------------------- RENJITH, AGED 33 YEARS, S/O. SHIKAHMANI, RENJITH BHAVAN, PADANILAM, VADAKKUMKARA KIZHAKKECHERRY, MAYYONAD VILLAGE, UMANAYANALLOOR.P.O., KOLLAM. BY ADVS.M/S.P.S.SREEDHARAN PILLAI, C.G.PREETHA, SANDEEP T.K., ARJUN SREEDHAR, ARUN KRISHNADHAN, JOSEPH GEORGE MULLAKKARIYIL RESPONDENT: COMPLAINANT AND STATE ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8810 OF 2011 ------------------------------------------------------ Dated this the 24th day of October, 2011 O R D E R The petitioner states that he is accused No.13 in Crime No.579 of 2006 of Kottiyam Police Station, Kollam District. The case is now pending as S.C.No.527 of 2010 on the file of the Additional Assistant Sessions Court, Kollam. Due to non-appearance of the petitioner, non-bailable warrant was issued by the Court. The petitioner apprehends arrest in execution of the non-bailable warrant issued by the Court. Therefore, he has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. In paragraphs 4 and 5 of the Bail Application, it is stated thus: “4. It is submitted that the petitioner, the 13th accused had appeared before the court below and was released on bail. The petitioner is employed in Gulf since 2008. Thereafter, due to the demands of his job he could not appear before the court below on last postings. The case is posted to 19.11.2011 for framing charges. BAIL APPL.NO.8810 OF 2011 :: 2 :: 5. Petitioner is presently undergoing treatment as part of a tendon injury. He is under strict bed rest. Medical report from Dr.Sonia X James, MD DNB, Department of Radiodiagnosis, Travancore Medical College Hospital, Kollam dated 30.09.2011. A true copy of the said medical report is produced herewith and marked as ANNEXURE-I. A true copy of the discharge summary dated 03.10.2011 of the petitioner issued by the SIMS & SSM Hospital, Kollam is produced herewith and marked as ANNEXURE-I.” 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 Court 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.8810 OF 2011 :: 3 :: 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 Court shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/