IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 7250 of 2009() ---------------------------------------- CRIME NO.43/2008 OF KASARAGOD POLICE STATION. ................. PETITIONER/ACCUSED: ----------------------------------- NIYAZUDDEEN AHMED S/O.BASHEER AHMED, BASHEER BAUGM, VIDYANAGAR, KASARAGOD. BY ADV. MR.T.B.SHAJIMON, SMT.GOVINDU P.RENUKADEVI. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 7250 of 2009 ------------------------------------ Dated this the 20th day of January, 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 the accused in Crime No.43/2008 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 323 and 498A of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that at the crime stage, the petitioner was granted bail by the court. Thereafter, he went to United States of America to complete the course, for which he was studying. While he was in the United States of America, charge sheet was filed on 18/4/2008. Cognizance was taken and the case was numbered as C.C.No.500/2008 on the file of the court of the Chief Judicial Magistrate, Kasaragod. The petitioner has now come back to India. It is submitted by the learned counsel for the petitioner that at present, the petitioner is working in the United States of America. The petitioner apprehends arrest in execution of the non-bailable warrant issued by the court. Therefore, he has filed B.A. No. 7250/2009 2 this application for anticipatory bail. 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 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 non-bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm