IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 8931 of 2011 ---------------------------------- CR. NO. 75/02 OF ETTUMANUR POLICE STATION. .................................................. PETITIONER/ 3RD ACCUSED: ------------------------------------------ UTHAMAN, AGED 44 YEARS, S/O.BALAN, MANJERY HOUSE, KAIPARAMBU P.O., THRISSUR. BY ADVS. SRI.P.G.SURESH SRI.C.V.MANUVILSAN. RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA REPRESENTED BY S.I. OF POLICE, ETTUMANUR REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STU K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8931 of 2011 ---------------------------------------------- Dated this the 11th day of November, 2011 ORDER The petitioner apprehends arrest in execution of the non- bailable warrant issued in C.C.No.898 of 2005 on the file of the court of the Judicial Magistrate of the First Class, Ettumanur. That case arises out of Crime No.75 of 2002 of Ettumanur Police Station registered for the offence under Section 380 read with Section 34 of the Indian Penal Code. 2. It is stated that the petitioner went abroad and therefore he could not appear before court. 3. The learned Public Prosecutor opposed the application. He submitted that very serious allegations are made against the petitioner. The other accused were tried and they were convicted and sentenced to undergo imprisonment. The petitioner was deliberately keeping out of court. 4. 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- Bail Appln.No.8931/2011 : 2 : 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. 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