IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 1211 of 2010() ----------------------------- SC.547/2006 of ADDITIONAL SESSIONS COURT (ADHOC)-I, PATHANAMTHITTA .................... PETITIONER/ACCUSED: -------------------------------------- HARISH, S/O.UMANANDAN, KONATHUPARAMBIL HOUSE, KAVUMBHAGOM, THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP. BY SUB-INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). SRI. V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1211 of 2010 ------------------------------ Dated this the 23rd day of February, 2010 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.4 in S.C.No.547/2006 on the file of the court of the Additional Sessions Judge (Ad-hoc)-I, Pathanamthitta. 2. The petitioner states that the offences alleged against the accused are under Sections 143, 147, 148, 506(ii), 324 and 308 read with Section 149 of the Indian Penal Code. 3. It is stated that the petitioner entered appearance before the court on 11/5/2007 and he was enlarged on bail. He was appearing before the court on all posting dates without fail. It is stated that on the dates on which he could not appear, his counsel was present. The case was posted on 9/7/2009 for framing charge and for appearance of the other accused. The petitioner states that by the time the petitioner reached the court, it was late and the case was called. Since the petitioner was absent, the learned Sessions Judge cancelled the bail bond and issued non-bailable warrant for the arrest of the petitioner. B.A. No. 1211/2010 2 The petitioner apprehends arrest in execution of the non-bailable warrant. 4. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009(3)KHC 471], it was held that in cases where non-bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the warrant and to apply for recalling that warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007(2) K.L.T 280]. Reserving the right of the petitioner to move the court for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm