IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 1147 of 2010() --------------------------------- CRIME NO. 574/2003 OF PATHANAMTHITTA POLICE STATION ..................... PETITIONER/ACCUSED : --------------------------- NISANTH, AGED 35 YEARS, S/O.PODIYAN, CHANDRIKASADANAM, CHANDANAKUNNU COLONY, MEZHUVELI VILLAGE, ELAVUMTHITTA MURI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.574 OF 2003 OF PATHANAMTHITTA POLICE STATION). BY STI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1147 of 2010 ------------------------------------ Dated this the 19th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. It is stated that the petitioner is accused No.9 in C.C.No. 252/2008 on the file of the Court of the Judicial Magistrate of the First Class-II, Pathanamthitta. 2. It is stated that the offences alleged against the petitioner are under Sections 143, 147, 148, 452, 324, 435 and 427 read with Section 149 of the Indian Penal Code. 3. The Crime was registered by the Pathanamthitta police as Crime No. 574/2003. It is submitted by the learned counsel for the petitioner that during the crime stage, the petitioner was not arrested. It is submitted that after filing the charge sheet and taking cognizance of the offence, no summons was issued to the petitioner. The petitioner was working abroad. The learned Magistrate has issued a non bailable warrant for the arrest of the petitioner. It is also stated that B.A. No. 1147 of 2010 2 the case against the petitioner was split up and the case was proceeded against the other accused persons. 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 the 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 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 ln