IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 6275 of 2011 C.C.NO.827 OF 2009 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT I, ERNAKULAM. PETITIONER/ACCUSED -------------------------------------- M.D.PADMAKUMAR, AGED 39 YEARS, S/O.DIVAKARAMENON, MANIKKIRI HOUSE, MARADU.P.O., ERNAKULAM. BY ADV. SRI.JOSEPH GEORGE RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAGHAVAN, S/O.KANNANKALI, MALAYIL HOUSE, VILAMBOOR KARA, KUNNATHUNADU, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6275 OF 2011 ------------------------------------------------------ Dated this the 1st day of August, 2011 O R D E R The petitioner apprehends arrest in execution of a non-bailable warrant issued by the Judicial Magistrate of the First Class, Ernakulam in C.C.No.827 of 2009. The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act. 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 APPL. NO.6275 OF 2011 :: 2 :: In the facts and circumstances of the case, the Bail Application is disposed of with liberty to the petitioner to approach the Court which issued the warrant to recall the warrant and to grant bail. When an application for bail is filed by the petitioner, the learned Magistrate shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/