IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5644 of 2011() ------------------------------------------ CC.NO.907/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM. ........ (CRIME NO.174/2004 OF VENGARA POLICE STATION,MALAPPURAM DIST.) ..... APPELLANT(S): ACCUSED NO.3,4 AND 6: -------------------------------------------------------------- 1. SIDDIQUE, S/O.AHMED, ATHIKKADAN VEEDU, MATTATHOOR AMSOM, MOOLAPPARAMBU, TIRURANGADI TALUK. 2. FAISAL,S/O. HYDROSE, KURINIYAN VEEDU, MATTATHOOR AMSOM, MOOLAPPARAMBU, TIRURANGADI TALUK. 3. ABDUL KAREEM, S/O. ABDURAHIMAN HAJI, KARI KOORIYAD VEFEDU, MATTATHOOR AMSOM, MOOLAPPARAMBU, TIRURANGADI TALUK. BY ADVS. SRI.P.M.RAFIQ, SRI. VIPIN NARAYAN. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, VENGARA POLICE STATION. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A. No.5644 OF 2011 --------------------------------- Dated this the 11th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners, who are accused Nos. 3, 4 and 6 in C.C.No.907 of 2004 on the file of the Court of the Judicial Magistrate of the First Class, Malappuram, pray for granting anticipatory bail on the apprehension that they are likely to be arrested. 2. It is stated that non bailable warrant was issued by the court. It was held in Vineeth Somarajan v. State of Kerala (2009(3) KLT 576) that when a warrant is issued by the court, the remedy of the person against whom the warrant is issued is to approach the court which issued the warrant to recall the warrant and to grant bail. His remedy, normally, is not to apply for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure. Accordingly, the Bail Application is closed with liberty B.A. No.5644 OF 2011 2 to the petitioners to approach the court which issued the warrant to recall the warrant and to grant bail. If such application is made, the application shall be disposed of in the manner indicated in Vineeth Somarajan's case. K.T.SANKARAN, JUDGE. cms