IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 8160 of 2011() ----------------------------- CC.523/2008 of J.M.F.C.-II,NEDUMANGAD .................... PETITIONER/ACCUSED 1 ---------------------------------------- 1. RAJESH, SAJI BHAVANAM, MANDIRAM JN, ALAKUDI MURI, PANGODE VILLAGE, NEDUMANGADU, THIRUVANANTHAPURAM 2. KIRAN, BEENA BHAVAN, ERUMATHANNA POYKA, CHIRAVOOR, CHITHARA, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8160 OF 2011 --------------------------------- Dated this the 28th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners apprehend arrest in execution of the non bailable warrant issued by the Court of the Judicial Magistrate of the First Class, Nedumangad, in C.C.No.523 of 2008. Due to non appearance of the petitioner, non bailable warrant was issued by the court. 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 B.A.No. 8160 OF 2011 2 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