IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2257 of 2010() ---------------------------------- SC.547/2006 of ADDITIONAL DISTRICT COURT (ADHOC), PATHANAMTHITTA CRIME NO. 550/2003 OF THIRUVALLA POLICE STATION .................... PETITIONER/ACCUSED NO.7: --------------------------------- GIREESH, S/O.GOPALAKRISHNAN, THECHIKKATU VEETTIL, THUKULASSERI MURI, THIRUVALLA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.SUJESH MENON V.B. SRI.K.B.ARUNKUMAR RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2257 of 2010 ------------------------------------ Dated this the 8th day of April, 2010 O R D E R It is stated that the petitioner is accused No.7 in S.C.No.547/2006 on the file of the court of the Additional District and Sessions (Ad-Hoc) Court-I, Pathanamthitta. The case arose out of Crime No.550/2003 of Thiruvalla Police Station, registered for the offences under Sections 143, 147, 148, 149, 506(ii), 324 and 308 of the Indian Penal Code. 2. It is stated that during the crime stage as well as the committal proceedings, the petitioner was on bail. The petitioner states that he was not served with any summons issued by the Sessions Court. However, non-bailable warrant was issued for the arrest of the petitioner. It is also stated that proceedings under Sections 82 and 83 of the Code of Criminal Procedure were also initiated. The petitioner apprehends arrest in execution of the non-bailable warrant. Therefore, he has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 3. In Vineeth Somarajan @ Ambadi Vs. State of B.A. No.2257/ 2010 2 Kerala [2009(3)KHC 471], it was held that in cases where non- bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the warrant and to apply for recalling that warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007(2) K.L.T 280]. Reserving the right of the petitioner to move the court which issued the non bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm