IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Bail Appl..No. 5616 of 2011() ------------------------------------------ CRIME NO.65/2009 OF KAREELAKULANGARA POLICE STATION CC.NO.846/2009 OF JUDICIAL 1ST CLASS MAGISTRATE COURT-1, HARIPAD -------------------------------- PETITIONER/ACCUSED.NO.1 -------------------------------------------- SHANAVAS, S/O.JALALUDEEN KUNJU, AGED 26 YEARS, NALLAPURAYIL VADAKKATHIL HOUSE, CHINGOLI VILLAGE. BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A.No.5616 OF 2011 --------------------------------- Dated this the 15th day of July, 2011 ORDER The petitioner apprehends arrest in execution of a non bailable warrant issued by the Court of the Judicial Magistrate of the First Class-I, Haripad in C.C.No.846 of 2009. Crime No.65 of 2009 of Kareelakulangara Police Station was registered against the petitioner and another. After completing the investigation, final report was filed and the case was taken on file as C.C.No.846 of 2009 on the file of the Court of the Judicial Magistrate of the First Class-I, Haripad. Though summons was served on the petitioner, it is stated that he had to go abroad in search of job and therefore, he could not appear before the Magistrate's Court. It is submitted that the 2nd accused was discharged on 26.7.2010. However, since the petitioner was absent, the case was treated as a long pending case as against the petitioner, as L.P.No.47 of 2010. Non bailable warrant was issued by the court. B.A.No.5616 OF 2011 2 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). 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. cms