IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Bail Appl..No. 7753 of 2009() --------------------------------- CRIME NO. 139/2006 OF PARIPPALLY POLICE STATION .................... PETITIONER/ACCUSED: --------------------------- SHIBU, S/O. KUNJAPPI, SABU VILASAM, CHIRAKKARA EDAVATTAM CHERI, PARA JUNCTION, KALLUVATHUKKAL, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR (BALARAMAPURAM) RESPONDENT/COMPLAINANT: ------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PARIPPALLY. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7753 of 2009 ------------------------------------ Dated this the 23rd day of December, 2009 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.9 in C.C. No.746/2006 on the file of the Court of the Judicial Magistrate of the First Class, Paravur, Kollam. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 448, 294(b), 506(ii) and 427 read with Section 149 of the Indian Penal Code. 3. The petitioner states that he could not appear before court as he was working abroad. The trial court has issued a non-bailable warrant to arrest the petitioner. The petitioner apprehends arrest in execution of the non-bailable warrant. Hence, he has filed this application for anticipatory bail. 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 B.A. No. 7753 / 2009 2 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 which issued warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm