IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Bail Appl..No. 8001 of 2011() ----------------------------- LP.57/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM .................... PETITIONER/ACCUSED NO.2 -------------------------------- SHINTO, AGED 30, KANDATHIL HOUSE, KYNOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2. THE FOREST RANGE OFFICER, KOTHAMANGALAM, PIN-686691. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8001 of 2011 --------------------------- Dated this the 18th day of October, 2011 O R D E R The petitioner is the second accused in C.C.No.108 of 2009 on the file of the court of the Judicial Magistrate of the First Class, Kothamangalam. It is stated that the case was originally pending as C.C.No.314 of 2005 in which the petitioner was the sixth accused. Since the petitioner and another did not appear in the case, the case against them was split up and the remaining 4 accused were tried for the offence. It is submitted that after trial, two of them were acquitted and two of them were convicted. The split up case was renumbered as C.C.No.108 of 2009. The case is now pending as L.P.No.57 of 2011. 2. The petitioner apprehends arrest in execution of a non bailable warrant issued by the court in L.P.No.57 of 2011. BA 8001/2011 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 warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. If the petitioner surrenders before court and moves an application for bail and for recalling the warrant, the same would be considered by the court as indicated in Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576). K.T.SANKARAN JUDGE csl