IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6123 of 2011() ------------------------- Crime No.15 of 2009 of Kadakkal Police Station Kollam District PETITIONER:ACCUSED -------------------- SANTHOSH, S/O.SUKUMARAN, AGED 25 YEARS, SANTHOHS BHAVAN, MANKODE P.O., KADAKKAL, KOLLAM DISTRICT. BY ADV. SRI.R.T.PRADEEP RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6123 of 2011 ---------------------------------------------- Dated this the 22nd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner apprehends arrest in a crime registered by Kadakkal Police Station, Kollam District. 2. The learned Public Prosecutor submitted that Crime No.15 of 2009 was registered at Kadakkal Police Station against the petitioner under Sections 447 and 326 of the Indian Penal Code and after completing the investigation, final report was filed on 25/04/2009 before the court having jurisdiction. The case is now pending as C.C.No.1139 of 2009 before the Court of the Judicial Magistrate of the First Class, Kottarakkara. 3. In view of the fact that the final report is filed, the petitioner cannot have any apprehension that he would be arrested by the police except on a warrant issued by the court. If a warrant is issued by the court, the remedy of the petitioner is to approach the court which issued the warrant to Bail Appln.No.6123/2011 : 2 : recall the warrant and apply for bail as held in Vineeth Somarajan @ Ambady v. State of Kerala (2009 (3) KHC 471). In these circumstances, no directions are required to be issued in this Bail Application. It is accordingly, closed. If the petitioner approaches the court for re-calling the warrant and for the grant of bail, the same shall be considered in the light of the decision in Vineeth Somarajan @ Ambady v. State of Kerala (2009 (3) KHC 471). K.T.SANKARAN, JUDGE skj