IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Bail Appl..No. 5478 of 2011() ----------------------------------------- (LP.NO.52/2011 IN CC 1265/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR, THRISSUR DISTRICT) ............... PETITIONERS: ------------------------ KABEER,AGED 45 YEARS,S/O.AHAMMU, THADATHIL VEETIL,KOORIKUZHI DESOM,KAIPAMANGALAM VILLAGE,KODUNGALLUR TALUK,THRISSUR DISTRICT. BY ADVS. SRI.T.H.ABDUL AZEEZ, SRI.P.M.ABDUL JALEEL. RESPONDENT(S): ---------------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,MATHILAKAM POLICE STATION THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A.No.5478 OF 2011 --------------------------------- Dated this the 12th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in L.P.No.52 of 2011 in C.C.No.1265 of 2009 on the file of the Court of the Judicial Magistrate of the First Class, Kodungallur. 2. The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act. 3. Since the petitioner did not appear, the case was transferred to the register of long pending cases and it was numbered as L.P.No.52 of 2011. Non bailable warrant was issued against the petitioner. The petitioner apprehends arrest in execution of the non-bailable warrant. Therefore, this Bail Application is filed. B.A.No.5478 OF 2011 2 4. 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. When such application is filed, the court shall deal with the same in the light of the principles stated in Vineeth Somarajan's case. K.T.SANKARAN, JUDGE. cms