IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9223 of 2011() ----------------------------- CC.1301/2004 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONERS/ACCUSED 5,6: ------------------------- 1. SHIJU, VAYALARIKATHU VEEDU, AANADU, PERINGAMALA VILLAGE, THIRUVANANTHAPURAM. 2. JAYAKUMAR, JAYACHANDRA BHAVAN, AANADU, PALODE, THIRUVANANTHAPURAM. BY ADV. SRI.SYAM J SAM RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9223 OF 2011 --------------------------------- Dated this the 8th day of November, 2011 ORDER The petitioners apprehend arrest in execution of the non bailable warrant in C.C.No.1301 of 2004 on the file of the Court of the Judicial First Class Magistrate-II, Kottarakara. It is submitted that bail was granted to the petitioners. Due to non appearance of the petitioners, the court issued non bailable warrant. It is stated by the petitioners that their Advocate stopped practice due to old age, and that the petitioners were not aware of the same. 2. The learned Public Prosecutor submitted that the cases are old cases and there was no justification for the petitioners to be absent from Court. It is submitted that petitioners are not entitled to any discretionary relief. B.A.No. 9223 OF 2011 2 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-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 court 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). Reserving the right of the petitioners 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