IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7542 of 2009() ----------------------------- CRIME NO.30/2006 OF AGALY POLICE STATION, PALAKKAD .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- SIJI, S/O. JOSEPH, AGED 27 YEARS, MUDAKKODE HOUSE, NJETTARAKKADAVU, CHANGALEERI PO., MANNARGHAT, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, AGALY POLICE STATION, PALAKKAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7542 of 2009 --------------------------------------------- Dated this the 22nd day of December, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Sessions Case No.502 of 2007 on the file of the court of the Additional Sessions Judge, (Fast Track Court No.III), Palakkad District. 2. The offence alleged against the accused is under Section 307 read with Section 176 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioner that going by the charge sheet, the allegation levelled against accused Nos.2 to 5 is that they committed the offence under Section 176 of the Indian Penal Code. 4. It is stated that the petitioner was arrested and he was released on bail during the stage of investigation. During committal proceedings also, the petitioner states, he appeared before court. After committal, the case was numbered as S.C.No.502 of 2007 on the file of the court of the Additional BA No.7542/2009 2 Sessions Judge (Fast Track Court No.III), Palakkad. The petitioner was released on bail by the Additional Sessions Court. It is stated that later the petitioner went abroad on 25.3.2007. The bail bonds were cancelled and non bailable warrant was issued against the petitioner, since the petitioner failed to appear before court. The petitioner apprehends arrest in execution of the non bailable warrant. Therefore, he has filed the application for anticipatory bail. 5. In Vineeth Somarajan @ Ambady vs. State of Kerala (2009(3) KHC 471), it was held that in cases 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 invoking 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 vs. State of Kerala (2007(2) KLT 280). BA No.7542/2009 3 Reserving the right of the petitioner to move the court which issued the warrant to recall the warrant and to grant bail, this Bail Application is closed. K.T.SANKARAN, JUDGE csl