IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 9835 of 2011() ----------------------------- CP.86/2005 of J.M.F.C.,THALASSERY CRIME NO.114 OF 2002 OF DHARMADOM POLICE STATION, KANNUR DT. .................... PETITIONER ------------------------------ VALSALA PAVITHRAN, AGED 56 YEARS, W/O.A.K.PAVITHRAN, RESIDING AT DHANYA' NEAR KOLATHUR U.P SCHOOL, MAMBARAM, KANNUR-670 BY ADV. SRI.A.K.ABDUL AZEEZ SRI.T.K.SASINDRAN SRI.RENJIT GEORGE RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, DHARMADOM, KANNUR DISTRICT-670 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 030 BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.9835 OF 2011 --------------------------------- Dated this the 15th day of December, 2011 ORDER The petitioner apprehends arrest in execution of a non bailable warrant issued in CP No.86 of 2005 on the file of the Court of the Judicial Magistrate of the First Class, Thalassery. Therefore, she has filed this application for anticipatory bail. 2. The learned Public Prosecutor submitted that B.A.No.1509 of 2006 was filed by the petitioner and it was disposed of on 16th March, 2006 in favour of the petitioner, directing the police officer to release her on bail in the event of arrest. That order was passed while the case was pending as CP No.86 of 2005 on the file of the Court of the Judicial Magistrate of the First Class, Thalassery. 3. The learned counsel for the petitioner submitted that the learned Magistrate issued non bailable warrant for the B.A.No.9835 OF 2011 2 arrest of the petitioner as she failed to appear before court on a particular day. 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. 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