IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8798 of 2011() ----------------------------- SC.109/2011 of PRL.SESSIONS COURT, KOLLAM CRIME NO.686 OF 2006 OF KOTTIYAM POLICE STATION, KOLLAM DT. .................... PETITIONER/1ST ACCUSED: -------------------------------------- ANSARI, AGED 25 YEARS, S/O.KABEEKUTTY, VADAKKUMKARA PUTHEN VEEDU, NEAR M.E.S.JUNCTION, VELICHIKKALA, NEDUMPANA CHERRY, NEDUMPANA VILLAGE, KOLLAM BY ADV. SRI. K.SIJU SRI.S.ABHILASH RESPONDENT(S): --------------- STATE OF KERALA, REP: BY SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8798 OF 2011 --------------------------------- Dated this the 21st day of October, 2011 ORDER The petitioner apprehends arrest in execution of the non bailable warrant issued by the Sessions Court, Kollam in S.C.No.109 of 2011. It is stated that the petitioner is the first accused in Crime No.686 of 2006 of Kottiyam Police Station and he was released on bail during the crime stage. The Sessions Court issued summons to the petitioner. It is stated that on the date fixed for appearance, the petitioner could not appear, since in the meanwhile he had gone to a Gulf country in search of employment. Due to non appearance of the petitioner, non bailable warrant was issued against the petitioner. 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- B.A.No. 8798 OF 2011 2 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 court 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. cms