IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 1240 of 2010() -------------------------------------- LP.31/2009 of J.M.F.C., ADOOR CRIME NO.453/2004 OF PANDALAM POLICE STATION, PATHANAMTHITTA. .................... PETITIONER/FIRST ACCUSED: -------------------------------------------- SUSAN JOHNY, W/O. JOHNY MATHEW, PICHANATTU VEEDU, PANANGAD, MEZHUVELI, KULANADA. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1240 of 2010 ------------------------------------ Dated this the 23rd day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.453/2004 of Pandalam Police Station,which is now pending as L.P.No.31/2009 on the file of the court of the Judicial Magistrate of the First Class, Adoor. 2. The offences alleged against the petitioner are under Sections 415 and 420 read with Section 34 of the Indian Penal Code. 3. It is stated that the petitioner was not arrested during the crime stage. After filing the charge sheet, non-bailable warrant was issued for the arrest of the petitioner. The petitioner apprehends arrest in execution of the non-bailable warrant issued by the court. Hence, this application for anticipatory bail is filed. 4. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009(3)KHC 471], it was held that in cases where non-bailable warrant is issued by a court, the proper remedy B.A. No. 1240/ 2010 2 of the accused is to approach that court which issued the warrant and to apply for recalling that warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007(2) K.L.T 280]. Reserving the right of the petitioner to move the court which issued the non bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm