IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9882 of 2011() ----------------------------- C.C.No.46 OF 2008 OF Judicial Magistrate of the First Class-II, CHERTHALA PETITIONER : ACCUSED No.1: -------------------------- INDHULAL, S/O.RAJAMANI, PALACKAL HOUSE, MUHAMMA P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.J.OMPRAKASH RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9882 of 2011 ---------------------------------------------- Dated this the 02nd day of December, 2011 ORDER The petitioner is the first accused in C.C.No.46 of 2008 on the file of the court of the Judicial Magistrate of the First Class-II, Cherthala. It is stated that on appearance on summons, the petitioner was granted bail and that he later went to Tamil Nadu on 13/10/2011. Due to non-appearance of the petitioner, the court issued non-bailable warrant. The petitioner apprehends arrest in execution of the non-bailable warrant. Hence, he has filed this application for anticipatory bail. 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 Bail Appln.No.9882/2011 : 2 : 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). 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 skj