IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Bail Appl..No. 7364 of 2009() ----------------------------- CC.223/2008 of J.M.F.C.,TALIPARAMBA C.R. NO. 306/2007 OF SREEKANDAPURAM POLICE STATION .................... PETITIONER/ACCUSED NO.5 : ------------------------------------ SAJI VARGHESE, S/O.VARGHESE, AGED 39 YEARS, KIZHAKKEKARA HOUSE, ADICHIKKAMALA, CHUZHALI AMSOM NIDUVALOOR DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT: ---------------- STATE THROUGH STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON 17/12/2009 PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7364 of 2009 ------------------------------------ Dated this the 17th 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.5 in C.C. No.223/2008 on the file of the Court of the Judicial Magistrate of the First Class, Taliparamba. 2. The offence alleged against the petitioner is under Section 498 A read with Section 34of the Indian Penal Code. 3. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 29.02.2008 before the Court of the Judicial Magistrate of the First Class, Taliparamba. The learned Magistrate has taken cognizance of the offence and now the matter is pending as C. C. No. 223/2008. 4. The learned counsel for the petitioner submitted that the petitioner was working abroad. He was not arrested during the investigation stage. He did not receive any summons from the Court. However, non bailable warrant is now issued by the Court. B.A. No.7364 of 2009 2 Petitioner apprehends arrest in execution of the non bailable warrant. 4. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009 (3) KLT 576] it was held that in cases where non bailable warrant is issued by a court, the person against whom the warrant is issued has to approach the court which issued the warrant and to apply for recalling the warrant and for the grant of bail. In such circumstances, normally, the accused cannot straight away approach this court with a petition under Section 438 of the Code of Criminal Procedure. It was also observed in Vineeth Somarajan's case that when an application for recalling the warrant and for grant of bail is filed, such application shall be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007(2) KLT 280]. Reserving the right of the petitioner to approach 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