IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8899 of 2011 CRIME NO.523 OF 2007 OF KILIKOLLOOR POLICE STATION C.C.NO.388 OF 2008 OF JUDICIAL MAGISTRATE OF THE FIRST CLASSI, KOLLAM. PETITIONER/ACCUSED NO.5 ------------------------------------------- PRADEEN,S/O.PRABHAKRAN, CHIRAYIL THODIYIL VEEDU, MANGADU CHERRY, MANGADU VILLAGE, KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 31. 2. SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION,KILIKOLLOOR, KOLLAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8899 OF 2011 ------------------------------------------------------ Dated this the 23rd day of November, 2011 O R D E R The petitioner apprehends arrest in execution of a non-bailable warrant issued by the Court of the Judicial Magistrate of the First Class I, Kollam in C.C.No.388 of 2008. The offences alleged against the accused in Crime No.523 of 2007 of Kilikolloor Police Station, from which the case arose, are under Sections 143, 147, 148, 323, 324 and 326 read with Section 149 of the Indian Penal Code. 2. In Vineeth Somarajan @ Ambady v. State of Kerala (2009 (3) KHC 471), it was held that where non-bailable warrant is issued by the court on account of non-appearance of the accused, 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 by filing a Bail Application under 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 BAIL APPL.NO.8899 OF 2011 :: 2 :: Magistrate has to dispose of the Bail Application in the light of the principles laid down in Biju v. State of Kerala (2007(2) KLT 280). In the facts and circumstances of the case, the Bail Application is closed with liberty to the petitioner to approach the Court which issued the warrant to recall the warrant and to grant bail. When an application for bail is filed by the petitioner, the learned Magistrate shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/