IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 8975 of 2011 ------------------------------------ L.P.R.NO.66/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY O.R.NO.1/2001 OF CHARPA FOREST RANGE, CHALAKUDY .......................................................................... PETITIONER / 3RD ACCUSED: ------------------------------------------- SIRAJUDHEEN,AGED 45 YEARS, S/O.BAVU,CHUNDEKATTIL HOUSE, KARUPADANNA DESOM,VALLIVATTOM VILLAGE,MUKUNDAPURAM TALUK,THRISSUR DISTRICT BY ADVS. SRI.BABU KARUKAPADATH SMT.VAHEEDA BABU SRI.K.A. NOUSHAD. RESPONDENT(S) / COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY FOREST RANGE OFFICER, CHARPA FOREST RANGE,CHALAKUDY, THRISSUR DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERLA,ERNAKULAM BY PUBLIC PROSECUTOR SRI.RASHEED. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STU K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8975 of 2011 ---------------------------------------------- Dated this the 11th day of November, 2011 ORDER The petitioner apprehends arrest in execution of a non- bailable warrant issued by the court of the Judicial Magistrate of the First Class, Chalakudy in L.P.R.No.66 of 2009. It is stated that the case arose out of O.R.No.1 of 2001, Forest Range Office, Charpa Range for the offences under the Wild Life Protection Act. 2. The learned counsel for the petitioner submitted that the petitioner is the third accused in the case and the other accused persons were acquitted after trial. He was out of station in connection with his employment and therefore he could not appear before court. The case against him was split up and it was transfered to Long Pending Case Register. 3. The learned Public Prosecutor submitted that the crime was registered in the year 2001 and the petitioner was evading arrest. The petitioner also did not surrender before court. Bail Appln.No.8975/2011 : 2 : 4. In Vineeth Somarajan @ Ambady v. State of Kerala (2009 (3) KHC 471), it was held that where non- 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. 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 skj