IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1362 of 2010 CRIME NO.533 OF 2005 OF KOTTIYAM POLICE STATION CC.1118/2008 of J.M.F.C.-II, KOLLAM PETITIONER: 1ST ACCUSED: ------------------------------ PRADEEP KUMAR @ PRADEEP S/O.RAMACHANDRAN, YAMUNA NIVAS, DECENT JUNCTION, VETTILATHAZHAM CHERRY, THRIKKOVILVATTOM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE KOTTIYAM POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1362 OF 2010 ------------------------------------------------------ Dated this the 11th day of March, 2010 O R D E R The petitioner, Pradeep Kumar @ Pradeep, apprehends arrest in execution of a non-bailable warrant issued by the Court of the Judicial Magistrate of the First Class II, Kollam in C.C.No.1118 of 2008 and therefore, he has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. It is stated that the petitioner and another person were accused of the offence under Sections 506(ii) and 427 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. According to the petitioner, he is accused No.1. The learned Public Prosecutor submits that the petitioner is accused No.2. 3. It is stated by the petitioner that both the accused were released on bail during the crime stage. Thereafter, the petitioner went abroad in search of an employment. It is stated that the case against the other accused was proceeded with and he was acquitted. The case against the petitioner was renumbered as C.C.No.1188 of B.A. NO.1362 OF 2010 :: 2 :: 2008. It is submitted that originally the case was taken on file as C.C.No.1677 of 2005. 4. In Vineeth Somarajan @ Ambadi 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 ahz/