IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2243 of 2010() ---------------------------------- CC.532/2009 of J.M.F.C.-II, KOLLAM O.R.NO. 6/2002 OF ANCHAL FOREST RANGE, KOLLAM . ................... PETITIONER/1ST ACCUSED : -------------------------------- MUHAMMED SHAFI EASKUNJU, S/O. MANJAPPARA KALETHIPACHAYIL VEEDU, THALIKKUSHY, CHIRAYINKEESH TALUK. BY ADV. SRI.LIJU. M.P RESPONDENT: --------------- STATE OF KERALA, REP. BY FOREST RANGE OFFICER, ANCHAL, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The name of the court occurring in the cause title of the order of B.A. No. 2243/2010 stands corrected as Judicial First Class Magistrate Court-II, Punalur instead of Judicial First Class Magistrate Court-II, Kollam as per order dated 15/6/2010 in Crl.M.A. No.3173/2010 in B.A. No.2243/2010. SD/- Assistant Registrar K.T. SANKARAN, J. --------------------------- B.A. No. 2243 of 2010 --------------------------------- Dated this the 8th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner apprehends arrest in execution of the non-bailable warrant issued by the court of the Judicial Magistrate of the First Class-II (Forest Offence), Kollam, in C.C.No.532/2009. 2. It is stated that the petitioner is accused No.1 in O.R. No.6/2002 of Anchal Forest Range, kollam. It is also stated that the case was numbered as C.C.No.47/2005 on the file of the court of the Judicial Magistrate of the First Class-II (Forest Offence), Kollam. It is also submitted that the petitioner came to know that accused No.5 in the case was acquitted and accused Nos.3 and 4 were convicted. The case against the petitioner was split up and re-filed as C.C.No.532/2009. Non-bailable warrant was issued against the petitioner. The petitioner apprehends arrest in execution of the non-bailable warrant. 3. In Vineeth Somarajan @ Ambadi Vs. State of B.A. No. 2243/ 2009 2 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 which issued the non bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm The words “Judicial Magistrate of the First Class-II (Forest Offence), Kollam” occurring in the 1st paragraph of the order dated 8/4/2010 in B.A. No. 2243/2010 are substituted as “Judicial First Class Magistrate-II, Punalur”, as per order dated 15/6/2010 in Crl.M. A.No. 3173/2010 in B.A. No.2243/2010. SD/- REGISTRAR (JUDICIAL)