IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10222 of 2011 CP.68/2010 of J.M.F.C.-I,PATHANAMTHITTA CRIME NO.82 OF 2008 OF PATHANAMTHITTA EXCISE RANGE. PETITIONER/ACCUSED -------------------------------------- ANIL, AGED 38 YEARS, S/O.VASUDEVAN, ANASWARA BHAVANAM HOUSE, CHENNEERKARA VILLAGE AND KOZHENCHERRY TALUK, PATHANAMTHTITA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.V.VINAY RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE EXCISE INSPECTOR, PATHANAMTHITTA EXCISE RANGE, PATHANAMTHITTA DISTRICT, PIN-686845. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10222 OF 2011 ------------------------------------------------------ Dated this the 12th day of December, 2011 O R D E R It is stated that the petitioner is the accused in C.P.No.68 of 2010 on the file of the Court of the Judicial Magistrate of the First Class I, Pathanamthitta, which arose out of Crime No.82 of 2008 of Pathanamthitta Excise Range. The petitioner apprehends arrest in execution of the non-bailable warrant issued against him by the Court. Hence, the petitioner has filed this application for anticipatory bail. 2. 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 BAIL APPL. NO.10222 OF 2011 :: 2 :: 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 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/