IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 10198 of 2011() ------------------------------ LP.151/2010 of J.M.F.C.-II,TRIVANDRUM CRIME NO.168 OF 1999 OF KAZHAKUTTOM POLICE STATION .................... PETITIONER ------------------------------ DINI BABU, S/O.BABU, AGED 36 YEARS, KULAVARAMBU VEEDU, KANNAMOOLABANDU PETTAH VILLAGE, THIRUVANANTHAPURAM BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE, KZHAKUTTOM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY STATE PROSECUTOR SRI.T.ASAF ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10198 OF 2011 --------------------------------- Dated this the 21st day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.8 in Crime No.168 of 1999 of Kazhakuttom Police Station, Thiruvananthapuram District. It is stated that during the crime stage, the petitioner was not arrested. After filing the final report, summons was issued by the court. It is stated that the petitioner did not receive the summons. Coercive steps were taken against the petitioner and the case was transferred to the Long Pending register. The case against the petitioner is now pending as LP No.151/2010 on the file of the Court of the Judicial Magistrate of the First Class-III, Thiruvananthapuram. Non bailable warrant was issued by the court. The petitioner apprehends arrest in execution of the non bailable warrant and therefore, he has filed this application for anticipatory bail. B.A.No. 10198 OF 2011 2 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. 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 cms