IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 9872 of 2011() ----------------------------- LP.21/1997 of J.M.F.C. - I, IDUKKI CRIME NO.85 OF 1990 OF IDUKKI POLICE STATION .................... PETITIONER/ACCUSED: -------------------- RAJAN.K.M, AGED 62, S/O.KUNJAN, VALIAYAPARAMBIL, BISON VALLEY PO, IDUKKI, UDUMBANCHOLA TALUK, IDUKKI DT. BY ADV. SRI.PRAVEEN K. JOY SRIP.S.SUJETH SMT.M.R.REENA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP: BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP: BY S.I. OF POLICE, IDUKKI BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 9/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.9872 of 2011 ----------------------------------------- Dated this the 9th day of December, 2011 ORDER Apprehending arrest in execution of a non bailable warrant in LP No.21 of 1997 on the file of the Court of the Judicial Magistrate of the First Class, Idukki, the petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. It is stated that the petitioner was arrayed as accused in Crime No.85 of 1990 of Idukki Police Station for the offences under Sections 457 and 380 of the Indian Penal Code 2. It is stated that the petitioner did not receive any summons in the case. 3. 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- B.A.No. 9872 OF 2011 2 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. Reserving the right of the petitioner to move the Court which issued the non-bailable warrant, to recall the warrant and to grant bail, this Bail Application is closed. K.T.SANKARAN, JUDGE. cms