IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9510 of 2011() ----------------------------- CC.501/2009 of J.M.F.C.-I,NEYYATINKARA .................... PETITIONERS/ACCUSED 1 TO 3: ------------------------------------ 1. AJINTH.L.DENNISON, AGED 29 YEARS, S/.DENISON.A.DAS, ELJAY COTTAGE, 21/1872 NSS SCHOOL ROAD, PALLURUTHY, ERNAKULAM, COCHIN-6. 2. DENNISON A.DAS, AGED 67 YEARS, DENISON A.DAS, ELJAY COTTAGE, 21/1872 NSS SCHOOL ROAD, PALLURUTHY, ERNAKULAM, COCHIN-6. 3. JOSELIN DENNISON, AGED 57 YEARS, W/O.DENISON.A.DAS, ELJAY COTTAGE, 21/1872 NSS SCHOOL ROAD, PALLURUTHY, ERNAKULAM, COCHIN-6. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN SRI.K.J.JOSEPH (ERNAKULAM) RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM (in C.C.501/2009 on the file of the JFCM-I, Court at Neyyattinkara. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9510 of 2011 --------------------------- Dated this the 25th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in C.C.No.501 of 2009 on the file of the court of the Judicial Magistrate of the First Class-I, Neyyattinkara. 2. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 3. It is stated that during the crime stage, the petitioners were released on bail. According to the petitioners, they did not receive any summons after the case was taken on file. However, a non bailable warrant for arrest of the petitioners was issued. The petitioners apprehend arrest and detention in execution of the non bailable warrant. Therefore, they have filed this application for anticipatory bail. BA 9510/11 2 4. 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 petitioners 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