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. 10060 of 2011() ------------------------------ CC.688/2011 of J.M.F.C., KODUNGALLUR CRIME NO.1000 OF 2010 OF MATHILAKAM POLICE STATION, THRISSUR DT. .................... PETITIONER ------------------------------ ALI, S/O.KUNJUMOHAMMED HAJI, ANDARATHARAYIL (H) KAIPAMANGALAM VILLAGE,KODUNGALLUR TALUK BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 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.10060 OF 2011 --------------------------------- Dated this the 15th day of December, 2011 ORDER The petitioner apprehends arrest in execution of a non bailable warrant issued in CC No.688 of 2011 on the file of the Court of the Judicial Magistrate of the First Class, Kodungallur. It is stated that the petitioner did not receive any summons and that he came to know about the case only recently when the police came to his house. 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 Court by filing a Bail Application under Section 438 of the B.A.No. 10060 OF 2011 2 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