IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9632 of 2011() ----------------------------- L.P.No.42/2010 IN CC.676/2008 of J.M.F.C., CHALAKUDY .................... PETITIONER : ACCUSED : --------------------- BOSE @ BILGEN, SON OF FRANCIS, AGED 37 YEARS, RESIDING AT KUTHOOR HOUSE P.O., OLLUKARA, PARAVATTANY DESOM OF OLLUKARA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENTS: COMPLAINANT & DEFACTO COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHEEBA, W/O.VARGHESE, PADINJARAKKARA HOUSE, CHALAKUDY (WEST). PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9632 of 2011 ---------------------------------------------- Dated this the 30th day of November, 2011 ORDER The petitioner apprehends arrest in execution of a non- bailable warrant in L.P.No.42 of 2010 in C.C.No.676 of 2008 on the file of the court of the Judicial Magistrate of the First Class, Chalakudy. Therefore, he has filed this application for anticipatory bail. 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 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). Bail Appln.No.9632/2011 : 2 : 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 True copy P.A. to Judge