IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 7053 of 2011 CRIME NO.280 OF 2003 OF KUMBALA POLICE STATION CP.270/2010 of J.M.F.C.I, KASARAGOD PETITIONER/IST ACCUSED ------------------------------------------ BASHEER, AGED 34 YEARS, S/O.MUHAMMED, ERIYAPPADI HOUSE, ALAMPADY POST, KASARGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUMBALA POLICE STATION, KASARGOD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7053 OF 2011 ------------------------------------------------------ Dated this the 25th day of August, 2011 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.1 in Crime No.280 of 2003 of Kumbala Police Station. It is submitted that during the crime stage, he was released on bail. After completing the investigation, charge sheet was filed. The case of the petitioner is that he was not served with summons. Since the petitioner was absent, the case against him was split up. It is stated that now the case is pending as C.P.No.270 of 2010 on the file of the Court of the Judicial Magistrate of the First Class I, Kasaragod. Non-bailable warrant has been issued against the petitioner on account of non-appearance before Court. He apprehends arrest and therefore, he has approached this Court. 2. In Vineeth Somarajan v. State of Kerala (2009 (3) KLT 576), it was held that when a warrant is issued by the Court, normally, the accused should approach that Court for recalling the BAIL APPL. NO.7053 OF 2011 :: 2 :: warrant and for granting bail. In the present case also, the petitioner could have approached the Court which issued the warrant and could have applied for recalling the warrant and for granting bail. If the petitioner files an application for recalling the warrant and for granting bail, the Judicial Magistrate of the First Class I, Kasaragod shall make every endeavour to consider the application at the earliest. With the above observation, the Bail Application is closed. (K.T.SANKARAN) Judge ahz/