IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1657 of 2010() ----------------------------- CRIME NO.142/92 OF KUTTIYADI POLICE STATION SC.405/2007 of ADDL. SESSIONS COURT (SPL. COURT - NDPS ACT CASES), VADAKARA .................... PETITIONER : ACCUSED -------------------------------------- RAMACHANDRAN, S/O.GOPALAKRISHNAKURUP AGED 48 YEARS, MAPPILANDI HOUSE KUTTIYADI AMSOM,VALAYANNUR DESOM, VADAKARA. BY ADV. SRI.KRISHNADAS P. NAIR RESPONDENT(S): ----------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------- B.A.No.1657 of 2010 ---------------------------------------- Dated this the 22nd day of March, 2010 O R D E R It is stated that the petitioner was the 5th accused in Crime No.142 of 1992 of Kuttiyadi Police Station. The case was taken on file as SC No.845 of 2006 on the file of the court of the Additional Sessions Judge, Vadakara for the offences under Sections 143, 147, 447 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosives Substances Act. It is stated by the learned counsel for the petitioner that the petitioner was released on bail. However, he was not present at the time of trial. The case against him was split up. The case was tried against the other accused. It is stated that the other accused persons were acquitted as per the judgment dated 17.4.2008. The split up case against the petitioner was numbered as S.C.No.405/2007 on the file of the Additional Sessions Court (Special Court for NDPS Act cases), Vadakara. A non bailable warrant for the arrest of the petitioner was issued by the court. The petitioner apprehends arrest and therefore, he has moved this application for anticipatory bail. BA No.1657/2010 2 The only reason stated by the petitioner for his non appearance is that he was out of station for his job and therefore, he was not in a position to appear before the court below for trial. 2. In Vineeth Somarajan @ Ambady vs. State of Kerala (2009(3) KHC 471), it was held that in cases where non bailable warrant is issued by the court, 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 invoking 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 vs. 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 csl