IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 749 of 2010() ------------------------------------- CRIME NO.229/2007 OF FEROKE POLICE STATION, KOZHIKODE .................... PETITIONER/ACCUSED: ------------------------------------- SIDHIQUE, S/O. MUHAMMED KOYA, AGED 32 YEARS, RESIDING AT THANEGHAT PARAMBA, ANGADI PARAMBA, PALLIKKAL P.O., MAPLAPPURAM DIST. BY ADV. SRI.NIRMAL. S RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (SUB INSPECTOR OF POLICE, FEROKE POLICE STATION KOZHIKODE.) SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. T. SANKARAN, J. ------------------------- B.A. No.749 of 2010 ---------------------------- Dated this the 1st 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 petitioner is accused No.4 in Crime No.229/2007 of Feroke Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 498A, 406 and 420 read with Section 34 of the Indian Penal Code. 3. It is stated that the petitioner is the son of the elder brother of accused No.1. Accused No.1 is the husband of the de facto complainant. The petitioner was arrested during the crime stage and he was released on bail. Later, he was constrained to go abroad to resume to his duties. Charge sheet was filed in the case on 31/8/2007 and the case was taken on file as C.C.No.656/2007 on the file of the court of the Judicial Magistrate of the First Class-V, Kozhikode. It is submitted that the petitioner has now come back to India. A non-bailable warrant was issued by the court for the arrest of the petitioner. The petitioner apprehends arrest in execution of the non-bailable B.A. No.749/2010 2 warrant. Therefore, this application for anticipatory bail was filed by the petitioner. 4. 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 for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm