IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 7032 of 2009() ------------------------------------------- LP. NO.2/2009 OF ASST. SESSIONS COURT, KOLLAM. CRIME NO.306/2002 OF KARUNAGAPPALLY POLICE STATION. ............. PETITIONER (S)/ 1ST ACCUSED: -------------------------- RAVI, S/O.SOMARAJAN, AGED 39 YEARS, PUTHERETHU VEEDU (RAGHI BHAVANAM), THAZHAVA, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. MR.K.SIJU RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION THROUGH PUBLIC PLROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7032 of 2009 ------------------------------------ Dated this the 2nd 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 the first accused in Sessions Case No. 687/2003 on the file of the Court of the Assistant Sessions Judge, Kollam. 2. The Crime was registered in the year 2002. During the crime stage, the petitioner was released on bail. During the committal stage, he was on bail. After the case was committed to the Sessions Court, it is stated that the petitioner went abroad. He did not appear before the Court. The case against him was split up and it was numbered as L.P. No.2/2009. It is stated that the other accused persons were acquitted. The petitioner states that he came back to India recently. He apprehends arrest in execution of the non bailable warrant issued by the Court. Hence this application for Anticipatory Bail was filed. 3. 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 B.A. No. 7032 of 2009 2 to approach that court which issued the warrant and to apply for recalling the 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 the non bailable warrant, to recall the warrant and to grant bail, this Bail Application is closed. K.T. SANKARAN, JUDGE ln