IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10400 of 2011() ------------------------------ CRMP.3348/2011 of DISTRICT COURT, PALAKKAD CC.315/2008 of J.M.F.C.,CHITTUR .................... PETITIONER/ACCUSED -------------------------------------- P.KUMAR, AGED 51 YEARS, S/O.VENUGOPALAN, PALLICHADATH HOUSE, THATHAMANGALAM, CHITTUR TALUK. BY ADV. SRI.GOKUL DAS V.V.H. RESPONDENT(S): COMPLAINANT -------------------------- 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 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10400 of 2011 ---------------------------------------------- Dated this the 23rd day of December, 2011 ORDER Petitioner is the accused in C.C.No.315 of 2008 on the file of the court of the Judicial Magistrate of the First Class, Chittur. It is stated that the petitioner appeared before court on summons and he was enlarged on bail. Subsequently, the petitioner did not appear and non-bailable warrant was issued by the court. It is stated that the petitioner could not appear before court under circumstance beyond his control. 2. The petitioner moved the Sessions Court for anticipatory bail. However, that Bail Application was closed recording the submission made by the learned Public Prosecutor that no crime is registered against the petitioner in Chittur Police Station. The petitioner did not seek for anticipatory bail on the ground that the Investigating Officer was about to arrest him. But he filed the application for anticipatory bail on the ground that he would be arrested in execution of a non-bailable warrant. Bail Appln.No.10400/2011 : 2 : 3. 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 Code of Criminal Procedure. It was also noticed in that decision that when such an application for bail is filed, the court 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