IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 7327 of 2009() ----------------------------- CRIME NO.186/2005 OF MATTANNUR POLICE STATION, KANNUR. PETITIONER/ 4TH ACCUSED: ------------------------------------------- OROKANDY SHAJI, S/O.KUNJIRAMAN, CHALIL HOUSE, PAZHASSI AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7327 of 2009 ------------------------------------ Dated this the 15th day of December, 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.4 in Crime No.186/2005 of Mattannur Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324, 308 and 435 read with Section 149 of the Indian Penal Code. 3. The petitioner states that on the date of occurrence and thereafter he was working abroad. He states that he is implicated in the case due to political reasons. Now the case against him has been split up and it is numbered as L.P.C. No.74/2008, which is pending before the Judicial Magistrate of the First Class, Mattannur. A non-bailable warrant was issued by the learned Magistrate. The petitioner apprehends arrest in execution of the non-bailable warrant. Therefore, he has filed this application for anticipatory bail. 4. In Vineeth Somarajan @ Ambadi Vs. State of B.A. No. 7327/2009 2 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 liberty to the petitioner to move the court which issued non-bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm