IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6261 of 2011() ----------------------------- CC.615/2008 of J.M.F.C., CHALAkKUDY .................... PETITIONER/IST ACCUSED : ----------------------------- JAYAN,AGED 40 YEARS,S/O.MULLASSERY RAMANKUTTY NAIR,POTTA VILLAGE DESOM, MUKUNDAPURAM TALUK,THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE,CHALAKUDY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6261 of 2011 --------------------------- Dated this the 9th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.C.No.615 of 2008 on the file of the court of the Judicial Magistrate of the First Class, Chalakkudy. The petitioner apprehends arrest in execution of the warrant issued by the court. The offence alleged against the petitioner is under Section 498A read with Section 34 of the Indian Penal Code. It is stated that the petitioner could not appear before court as he was working abroad. 2. In Vineeth Somarajan vs. State of Kerala (2009 (3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the warrant for recalling the warrant and for granting bail; and not BA 6261/2011 2 to move under Section 438 Crl.P.C. for anticipatory bail. If the petitioner surrenders before court and moves an application for bail and for recalling the warrant, the same would be considered by the court as indicated in Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576). The Bail Application is accordingly closed. K.T.SANKARAN JUDGE csl