IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 10209 of 2011() ------------------------------ CRIME NO.99/2003 OF MANGALAPURAM POLICE STATION .................... PETITIONER/IST ACCUSED ----------------------------- NOUSHAD, S/O.MUHAMMED HANEEFA, KIZHAKKUMPURATHU VEEDU, KOITHOORKONAM, ANDOORKONAM VILLAGE. BY ADV. SRI.M.DINESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MANGALAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10209 of 2011 --------------------------- Dated this the 6th day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.99 of 2003 of Mangalapuram Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. It is stated that the petitioner was granted bail during the crime stage. However, after taking the case on file as C.C.No.534 of 2004, the case against the petitioner was split up and it was refiled as C.C.No.130 of 2007 on the file of the Court of the Judicial Magistrate of the First Class – II, Attingal. As per the judgment dated 31st January, 2007, accused Nos.2 to 6 were not found guilty and they were accordingly acquitted. BA 10209/11 2 4. It is stated that non bailable warrant was issued against the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant. Hence, he has filed this application for anticipatory bail. 5. 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. 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 csl