IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5724 of 2011() ----------------------------- ST.796/2010 of C.J.M.,KOLLAM .................... PETITIONER/ACCUSED -------------------- RAJAGOPAL,AGED 45 YEARS, S/O.KALIYAPPA GAUNDER,40/4009,NEAR RANIMATHA SCHOOL, P.G.B.M. ROAD,ERNAKULAM,COCHIN-35. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA,(SUB INSPECTOR OF POLICE CENTRAL POLICE STATIION),REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SATHYANANDAN,SUVARNALAYAM, ASRAMAM,KOLLAM,REP.BY POWER HOLDER, SHAJAN, S/O.SREENIVASAN,AGED 37 YEARS, 'SREENIVAS',PERUMPUZHA PO,KERALAPURAM,KOLLAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- Bail Appln.No.5724 of 2011 ----------------------------- Dated this the 25th day of July, 2011 ORDER The petitioner apprehends arrest in execution of a non-bailable warrant issued by the Chief Judicial Magistrate, Kollam in S.T.No.796 of 2010. 2. In Vineeth Somarajan @ Ambady v. State of Kerala (2009 (3) KHC 471), it was held that where non-bailable warrant is issued by the court on account of non-appearance of the accused, normally, the person against whom the warrant is issued has to approach the Court which issued the warrant for re-calling the warrant and for the grant of bail. He cannot, normally, straight away approach the High Court by filing a Bail Application under Section 438 of the Code of Criminal Procedure. It was also noticed in that decision that when such an application for bail is filed, the learned Magistrate has to dispose of the Bail Application in the light of the principles laid down in Biju v. State of Kerala (2007 (2) KLT 280). 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 skj