IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6660 of 2009() --------------------------------------- CP.1/2006 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.392/2004 OF CHADAYAMANGALAM POLICE STATION. .................... PETITIONER/2ND ACCUSED: ------------------------------------------ RAJEESH, S/O.RAJAN, AGED 25 YEARS, CHARUVILA VEEDU, PARUTHI, CHIRAVOOR MURI, CHITHARA VILLAGE NOW RESIDING AT RAJESH BHAVAN, THUMBODU, ALTHARAMOODU P.O., KADAKKAL. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6660 of 2009 ------------------------------------ Dated this the 16th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.392/2004 of Chadayamangalam Police Station, which is now pending as C.P. No.1/2006 on the file of the Court of Judicial Magistrate of the First Class-II, Kottarakkara. 2. The offences alleged against the petitioner and other accused are under Sections 143, 147, 148, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that after completing the investigation, charge sheet was filed and the committal proceedings are pending. It is also stated that the petitioner's father disposed of the house in which they were residing and their residential address shown in the charge sheet was the address of the house which was disposed of. No summons was served on the petitioner. Now, non-bailable warrant has been issued against the petitioner. B.A. No. 6660/2009 2 The petitioner apprehends arrest in execution of the non-bailable warrant and therefore, he has filed this application for anticipatory bail. 4. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009(3)KHC 471], it was held that in cases where non-bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the warrant and to apply for recalling that warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007 (2) K.L.T 280]. Reserving the right of the petitioner to approach the court which issued warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm