IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Bail Appl..No. 9028 of 2011() ----------------------------- CRIME NO.75/2007 OF PERINTHALMANNA POLICE STATION IN SC.540/2009 of ADDL. SESSIONS COURT, MANJERI SC 48/2011 OF ADDL, SESSIONS COURT, MANJERI .................... PETITIONER/2ND ACCUSED: ---------------------------- NIYAS, S/O.MOIDEENKUTTY, PANGINIKKADAN HOUSE, KADANNAMANNA P.O., MALAPPURAM. BY ADV. SRI.SAIBY JOSE KIDANGOOR SRI.JOSWIN THAMBI KUNNATH RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------- 1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN 682 031. 2. SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, PERINTHALMANNA, PIN 679 322. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9028 of 2011 --------------------------- Dated this the 19th day of November, 2011 O R D E R The petitioner apprehends arrest in execution of a non bailable warrant issued by the Additional Sessions Court, Manjeri, in SC No.48 of 2011 and therefore, he has filed this application for anticipatory bail. It is stated that the petitioner was the second accused in SC No.540 of 2009. Due to non appearance of the petitioner, the case against him was split up and it was renumbered as SC No.48 of 2011. It is stated that since the petitioner went abroad, he could not appear before court. 2. 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. BA 9028/11 2 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