IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 10148 of 2011() ------------------------------ SC.924/2003 of ADDL.DISTRICT COURT (ADHOC)-IV, TRIVANDRUM (L.P 33/2008) CRIME NO.114 OF 2002 OF PALODE POLICE STATION, THIRUVANANTHAPURAM DT. .................... PETITIONER/4TH ACCUSED ------------------------------------------ ARVIN.H.S,AGED 32 YEARS,S/O.HARIHARAN, THADATHARIKATHU VEEDU,KARIMANCODE.P.O, PACHA PALODE,THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR.HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING SUB INSPECTOR OF POLICE, PALODE POLICE STATION. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.10148 OF 2011 --------------------------------- Dated this the 15th day of December, 2011 ORDER The petitioner apprehends arrest in execution of a non bailable warrant issued in LP No.33 of 2008 In SC No.924 of 2003 on the file of the Additional Sessions Court, Fast Track (Adhoc-IV), Thiruvananthapuram. Hence, the petitioner has filed this application for anticipatory bail. It is stated that the petitioner was working abroad and therefore, he could not be present in court. 2. 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 B.A.No.10148 OF 2011 2 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. cms