IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6343 of 2011() ----------------------------- CRIME NO.121/2011 OF NJARAKKAL POLICE STATION PETITIONER : ---------------- UNNI XAVIER, S/O. AMBROSE, AGED 36 YRS, KAPPITHANPARAMBIL HOUSE, EDAVANAKADU, VYPEEN, KOCHI-682 502. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.121/2011). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6343 of 2011 --------------------------- Dated this the 17th day of August, 2011 O R D E R The petitioner, accused No.1 in C.C.No.547 of 2008 on the file of the court of the Judicial Magistrate of the First Class-V, Kochi, apprehends arrest in execution of the non bailable warrant issued by the learned Magistrate and therefore, he has filed this application for anticipatory bail. The learned counsel for the petitioner submitted that at the crime stage, the petitioner was enlarged on bail. Later, he did not receive any summons from court. It is stated that the petitioner is working in Hyderabad and that there was no deliberate attempt on his part not to appear before court. Had the petitioner received the summons, he would have appeared before court, submits the counsel. 2. In Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576), it was held that when warrant is issued against the BA 6343/2011 2 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 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). The Bail Application is accordingly closed. K.T.SANKARAN JUDGE csl