IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1716 of 2010() ----------------------------- CRIME NO.236/2007 OF PAYANGADI POLICE STATION ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR IN CC 571/07, KANNUR. PETITIONER/ACCUSED -------------------------------------- MUHAMMED SHUKKOOR, S/O.A.P.HAMSA HAJI, AGED 41 YEARS, RESIDING AT "THARAMMEL HOUSE", KOZHI BAZAR, MADAYI POST, PUTHIYANGADI, KANNUR DISTRICT. BY ADV. SRI.A.K.ABDUL AZEEZ SRI.RENJIT GEORGE RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1716 of 2010 --------------------------------------------- Dated this the 25th 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 the sole accused in C.C.No.571 of 2007 on the file of the court of the Judicial Magistrate of the First Class, Payyannur. It is stated that the offences alleged against the petitioner are bailable offences. The date of occurrence was on 19.7.2007. It is stated that the petitioner went abroad on 22.7.2007 and he returned to India only on 9.3.2010. Meanwhile, charge sheet was filed in the case and the case was taken on file as C.C.No.571 of 2007. Since the presence of the petitioner could not be secured, the case was treated as long pending and it was numbered as L.P.No.3 of 2010 on the file of the court of the Judicial Magistrate of the First Class, Payyannur. Non bailable warrant was issued by the court for the arrest of the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant. 2. In Vineeth Somarajan @ Ambady vs. State of BA No.1716/2010 2 Kerala (2009(3) KHC 471), it was held that in cases where non bailable warrant is issued by the court, 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 invoking Section 438 of the Code of Criminal Procedure. It was also noticed in that decision that when such an application for bail is filed, the learned Magistrate has to dispose of the Bail Application in the light of the principles laid down in Biju vs. State of Kerala (2007(2) KLT 280). 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