IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10240 of 2011() ------------------------------ CP.87/2005 of J.M.F.C.,TIRUR CRIME NO.292/2004 OF TIRUR POLICE STATION .................... PETITIONER/3RD ACCUSED: --------------------------------- SURESH BABU, S/O.ARJUNAN, AGED 41 YEARS NIKARTHIL VEEDU, THIRUMALA BHAGOM P.O., THURAVUR, ALAPPUZHA. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): COMPLAINANT ------------------------------------- STATE OF KERALA, (SUB INSPECTOR OF POLICE, TIRUR POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10240 of 2011 --------------------------- Dated this the 14th day of December, 2011 O R D E R Apprehending arrest in execution of the non bailable warrant issued in C.P.No.87 of 2005 on the file of the court of the Judicial Magistrate of the First Class, Tirur, the petitioner has filed this application for anticipatory bail. It is stated that the petitioner is the third accused in Crime No.292 of 2004 of Tirur Police Station for the offences under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code. 2. It is stated in the Bail Application thus : “2. Petitioner submits that petitioner is totally innocent in the above matter and he has no connection with the same. The respondent has implicated the petitioner falsely. Police have not taken any action for the arrest of petitioner. Since petitioner has no knowledge about the crime. Petitioner has not approached before court for taking bail. BA 10240/11 2 Thereafter, the respondent has submitted the final report and the Judicial First Class Magistrate has taken the case on file as C.P.No.87 of 2005. Petitioner has not received any summons from the First Class Magistrate Court, Tirur and hence, he has not approached before the court for filing the Bail Application. But the learned Magistrate has transferred the case into Long Pending Register as L.P.No.124/2007.” 3. In Vineeth Somarajan vs. State of Kerala (2009 (3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. 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 csl