IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8776 of 2011() ----------------------------- CC.1529/2009 of J.M.F.C.-I,THRISSUR CRIME NO.106/2009 OF VIYYUR POLICE STATION .................... PETITIONER/ACCUSED NO.2: ------------------------ JACKSON.K.J., S/O.JAMES, KACHAPPILLY HOUSE, P.O.KOLAZHI, THRISSUR, NOW RESIDIG AT RAMAVARMAPURAM, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENTS: COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION (CIRME NO.106 OF 2009) VIYYUR, THRISSUR, PIN-680 001. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8776 of 2011 ---------------------------------------------- Dated this the 21st day of October, 2011 ORDER The petitioner states that he is accused No.2 in C.C.No.1529 of 2009 on the file of the court of the Judicial Magistrate of the First Class-I, Thrissur. The petitioner states that he was not arrested during the crime stage and he did not receive any summons issued by the said court. The petitioner states that he was employed at Bangalore. Due to the non- appearance of the petitioner, non-bailable warrant was issued by the court. The petitioner apprehends arrest in execution of the non-bailable warrant. Therefore, this Bail Application is filed. 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 Bail Appln.No.8776/2011 : 2 : 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. It was also noticed in that decision that when such an application for bail is filed, the learned Magistrate has to dispose of the Bail Application in the light of the principles laid down in Biju v. State of Kerala (2007 (2) KLT 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 skj