IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1945 of 2010() --------------------------------- CRIME NO. 110/2002 0F MATTANNUR POLICE STATION ...................... PETITIONER/ACCUSED: ----------------------------- A. CHANDRASEKHARAN, S/O. KUNHIRAMAN NAMBIAR, AGED 48 YEARS, MUTTANI HOUSE, CHATTUKAPPARA, MANIYOOR, VESALA, KANNUR DISTRICT. BY ADV. SRI.P.C.IYPE SRI.GEORGE MECHERIL RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MATTANNUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1945 of 2010 ------------------------------------ Dated this the 25th 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.3 in Crime No. 110/2002 of Mattannur Police Station. 2. The offences alleged against the petitioner are under Sections 341 and 323 read with Section 34 of the Indian Penal Code. 3. It is stated that charge sheet was filed in the case on 18.05.2002. The petitioner states that he went abroad in 2003. He did not receive any summons. It is also stated that accused Nos.1 and 2 were proceeded with after splitting up the case against the petitioner. Accused Nos. 1 and 2 were acquitted as per Annexure II judgment dated 30.04.2008 in C.C.No. 607/2002 on the file of the Court of the Judicial Magistrate of the First Class, Mattannur. 4. After splitting up of the case against the petitioner, the case was renumbered as C.C.No. 240/2008. Since the petitioner B.A. No.1945 of 2010 2 was not available, non bailable warrant was issued against him. The petitioner apprehends arrest in execution of the non bailable warrant. Therefore, he has filed this application for anticipatory bail. 5. 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 the 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, to recall the warrant and to grant bail, this Bail Application is closed. K.T. SANKARAN, JUDGE ln