IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Bail Appl..No. 9232 of 2011() ----------------------------- CP.145/2004 of J.M.F.C. - I, CHALAKUDY Crime No.128 of 2000 of Koratty Police Station. .................... PETITIONERS/ACCUSED --------------------------------------- 1. SUBAIR, S/O.MUSTHAFA, AGED 44 YEARS, PUTHUKKADAN HOUSE, MALAMURI DESOM, PERUMBAVOOR. 2. NOUSHAD, S/O.MOIDEEN, KANJIRAKKATTUKUZHI HOUSE, PEZHAKKAPPILLY DESOM, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE PUBLIC POSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.9232 OF 2011 --------------------------------- Dated this the 9th day of November , 2011 ORDER The petitioners apprehend arrest in execution of the non bailable warrant for arrest of the petitioner in LPR No.120 of 2005 in CP No.145 of 2004 on the file of the Court of the Judicial Magistrate of the First Class, Chalakudy. It is stated that petitioners are accused Nos.1 and 3 in the case. The case arose out of Crime No.128 of 2000 of Koratty Police Station. It is also stated that due to non appearance of the petitioners before the court, non bailable warrant was issued against them and they apprehend arrest in execution of the non bailable warrant. 2. The learned Public Prosecutor opposed the Bail Application and submitted that the crime is of the year 2000 and at this juncture if anticipatory bail is granted, it would have very serious adverse impact on the trial of the case. B.A.No. 9232 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. 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