IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10275 of 2011() ------------------------------ CRIME NO.671/2006 OF PATHANAMTHITTA POLICE STATION NOW PENDING AS CC NO.2/2007 BEFORE THE JFCM-PATHANAMTHITTA .................... PETITIONERS/ACCUSED-A1 & A3 : ------------------------------------- 1. ANILRAJ,S/O.RAJU,ERUPACHUVATTIL VEETTIL, KUMBAZHA MURI,PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT. 2. SELVARAJ,AGED 52 YEARS,S/O.SWAMMY THEWER DOOR NO.105/04, ARAMANA STREET,KURUKADAPETTY MURI, SHANKARAN KOVIL TALUK,THIRUNELVELI DISTRICT, NOW RESIDING AT THE SHOP ROOM OF ABRAHAM,KUMBAZHA MURI,PATHANAMTHITTA VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10275 of 2011 --------------------------- Dated this the 14th day of December, 2011 O R D E R The petitioners are accused Nos.1 and 3 in Crime No.671 of 2006 of Pathanamthitta Police Station for the offences under Sections 379 and 411 read with Section 34 of the Indian Penal Code. It is stated that the petitioners were released on bail during the crime stage. After completing the investigation, charge sheet was filed and the case was taken on file as C.C.No.2 of 2007 on the file of the court of the Judicial Magistrate of the First Class, Pathanamthitta. It is stated that the petitioners failed to appear on 30.12.2009 and the court issued non bailable warrant for the arrest of the petitioners. The petitioners apprehend arrest in execution of the non bailable warrant. 2. In Vineeth Somarajan vs. State of Kerala (2009 (3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the BA 10275/11 2 warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. Reserving the right of the petitioners 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 csl