IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8191 of 2011(D) ------- ----------------------------- CC.800/2009 of J.M.F.C.-I(FOREST OFFENCES),TPA ...................................... CRIME NO.128/2006 OF KALIYAR POLICE STATION PETITIONER(S): /ACCUSED: --------------------------------------- JOMON JACOB, AGED 43 YEARS, S/O.JACOB, PICHAPPILLY HOUSE, KADAVOOR P.O., SOUTH PUNNAMATTOM, MUVATTUPUZHA. BY ADV. SRI.P.V.GEORGE(PUTHIYEDAM) RESPONDENT(S): COMPLAINANT: ------------------------------------------------ STATE OF KERALA, (SUB-INSPECTOR OF POLICE, KALIYAR POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV FOR R1 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. --------------------------------- B.A.No.8191 OF 2011 --------------------------------- Dated this the 4th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in C.C.No.800 of 2009 on the file of the Court of the Judicial Magistrate of the First Class-I, Thodupuzha. The offences alleged against the petitioner are under Sections 418 and 420 of the Indian Penal Code. It is stated that the petitioner was granted bail and that he went outside the State in connection with the business and he could not appear before the Court on 19.5.2011. Due to non appearance of the petitioner, non bailable warrant was issued by the court. The petitioner apprehends arrest in execution of the non bailable warrant. 2. In Vineeth Somarajan @ Ambady v. State of Kerala (2009(3) KHC 471), it was held that where non- B.A.No. 8191 OF 2011 2 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 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