IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Bail Appl..No. 8754 of 2011() ----------------------------- CC.185/2010 of J.M.F.C.,CHITTUR CRIME NO.276/2009 OF KOLLENGODE POLICE STATION .................... PETITIONER/ACCUSED: --------------------- PRAKASAN,S/O.CHANDRAN,AGED 27 YEARS, OPPOSITE SALE TAX CHECK POST,GOVINDAPURAM,CHITTUR PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8754 of 2011 ---------------------------------------------- Dated this the 20th day of October, 2011 ORDER The petitioner apprehends arrest in execution of a non- bailable warrant in C.C.No.185 of 2010 on the file of the court of the Judicial Magistrate of the First Class, Chittur. It is stated that at the crime stage, the petitioner was not arrested. The petitioner also states that he did not receive any summons issued by the court and he was not aware of the pendency of the case. Due to non-appearance of the petitioner, court issued non-bailable warrant and the petitioner apprehends arrest in execution of the same. 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 Bail Appln.No.8754/2011 : 2 : Code of Criminal Procedure. It was also noticed in that decision that when such an application for bail is filed, the learned Magistrate 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