IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10486 of 2011 CRIME NO.101 OF 2005 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM PETITONERS/ACCUSED ------------------------------------- 1. SURESH,S/O.BALAKRISHNAN NAIR, RESIDING AT "SREE SYLAM", ARWA NO.4,MANACAUD VILLAGE, MANACAUD,THIRUVANANTHAPURAM. 2. XAVIER GEORGE,S/O.GEORGE XAVIER RESIDING AT T.C.NO.14/746,LENIN NAGAR, OBSERVATIVE PALAYAM WARD, THYCAUD VILLAGE,THYCAUD, THIRUVANANTHAPURAM. BY ADV. SRI.RAJESH P.NAIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10486 OF 2011 ------------------------------------------------------ Dated this the 20th day of December, 2011 O R D E R The petitioners apprehend arrest in execution of the non- bailable warrant issued in C.C.No.467 of 2006 on the file of the Court of the Judicial Magistrate of the First Class III, Thiruvananthapuram. It is stated that the case arose out of Crime No.101 of 2005 of Museum Police Station, Thiruvananthapuram. 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 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). BAIL APPL. NO.10486 OF 2011 :: 2 :: In the facts and circumstances of the case, the Bail Application is closed with liberty to the petitioners 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 petitioners, 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/