IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9593 of 2011 CRIME NO.719 OF 2008 OF KASARAGODE POLICE STATION PETITIONR/ACCUSED ------------------------------------- SUKUMARAN, S/O. ONAKKAN, AGED 44 YEARS, NEAR HOTEL APPUS, CHETTURKUZHI, KUDLU VILLAGE, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- THE SUB INSEPCTOR OF POLICE, KASARAGODE POLICE STATION,671121, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9593 OF 2011 ------------------------------------------------------ Dated this the 30th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. It is submitted that the petitioner is one of the accused in Crime No.719 of 2008 of Kasaragode Police Station. 2. The offences alleged against the accused are under Sections 498A and 506(i) read with Section 34 of the Indian Penal Code. 3. It is stated that the petitioner was working in a Gulf country from 9.9.2008 to 14.11.2011. On his visit to India, he came to know that a final report was filed before the Court of the Chief Judicial Magistrate, Kasaragode and it was taken on file as C.C.No.150 of 2009. Non-bailable warrant was issued by the Court for non- appearance of the petitioner. The case is now pending as L.P.Case BAIL APPL. NO.9593 OF 2011 :: 2 :: No.30 of 2010. The petitioner apprehends arrest in execution of the non-bailable warrant. Therefore, he has filed this application for anticipatory bail. 4. 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 BAIL APPL. NO.9593 OF 2011 :: 3 :: 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/