IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 948 of 2010() ---------------------------------------- CRIME NO.612/2009 OF KARUNAGAPPALLY POLICE STATION, KOLLAM. PETITIONERS/ACCUSED: ----------------------------------------- 1. PRASANTH MOHAN, S/O.MOHAN SARASWATHY BHAVAN, MARUTHAKUZHY VETTIYOORKAVU, TRIVANDRUM. 2. MOHAN SARASWATHY BHAVAN, MARUTHAKUZHY VETTIYOORKAVU, TRIVANDRUM. 3. SARASWATHY, W/O.MOHAN SARASWATHY BHAVAN, MARUTHAKUZHY VETTIYOORKAVU, TRIVANDRUM. BY ADV. SRI.C.S.MANILAL RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 948 of 2010 -------------------------- Dated this the 8th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.612/2009 of Karunagappally Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 498 A and 306 read with Section 34 of the Indian Penal Code. 3. After completing the investigation, charge sheet was laid in the case on 15/10/2009. The case is now pending as C.P. No.293/2009 on the file of the court of the Judicial Magistrate of the First Class, Karunagappally. It is submitted that non-bailable warrant for the arrest of the petitioners was issued by the learned Magistrate. The petitioners apprehend arrest in execution of the warrant. Therefore, they have filed this application for anticipatory bail. 4. It is submitted that the second petitioner is a Kidney patient and that he is undergoing treatment for the same, for the B.A. No. 948 /2010 2 last several years. It is submitted that if the petitioners, particularly the second accused, were to be arrested in execution of the warrant, they will be put to irreparable injury and great hardship. 5. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009(3)KHC 471], it was held that in cases where non-bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the warrant and to apply for recalling that warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007 (2) K.L.T 280]. Reserving the right of the petitioner to move the court which issued the non bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. The petitioners would be entitled to put forward all the contentions as aforesaid before the learned Magistrate. K.T. SANKARAN, JUDGE scm