IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Bail Appl..No. 114 of 2010() ---------------------------- CC.616/2008 of J.M.F.C., KODUNGALLUR CRIME NO.44/2005 OF MATHILAKAM POLICE STATION .................... PETITIONER/4TH ACCUSED ------------------------------------------ NOUSHAD, S/O. AMMU, 29 YEARS, PUTHIYAVEETTIL HOUSE, KANNAMKULAM, ALUVATHERUVU, EDATHIRUTHY, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MATHILAKAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR AEI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.114 of 2010 --------------------------------------------- Dated this the 15th day of January, 2010 ORDER The Bail Application discloses the following facts. The petitioner was accused No.29 in C.C.No.961 of 2005 on the file of the court of the Judicial Magistrate of the First class, Kodungallur for the offences punishable under Sections 143, 147, 148, 332, 353 and 506(ii) read with Section 149 of the Indian Penal Code. It is stated that after trial, some of the accused were acquitted. The petitioner did not appear before court at the time of trial as he had gone abroad and the case against the petitioner and certain others was split up and it was refiled as C.C.No.616 of 2008. Non bailable warrant was issued by the court. The petitioner apprehends arrest in execution of the non bailable warrant. 2. In Vineeth Somarajan @ Ambady vs. State of Kerala (2009(3) KHC 471), it was held that in cases 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 BA No.114/2010 2 warrant for re-calling the warrant and for the grant of bail. He cannot, normally, straight away approach the High Court invoking 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 vs. State of Kerala (2007(2) KLT 280). Reserving the right of the petitioner to move the court which issued the non bail warrant to recall the warrant and to grant bail, this Bail Application is closed. K.T.SANKARAN, JUDGE csl