IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8755 of 2011() ----------------------------- CRIME NO.918/2010 OF MATHILAKAM POLICE STATION CC.888/2010 of J.M.F.C., KODUNGALLUR .................... PETITIONER : 1ST ACCUSED ------------------------------ ABDUL JALELL, S/O.SAIDU,PANAPARAMBU HOUSE, VELUTHAKADAVU,PANANGAD,SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK,THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.ONEAL SABU RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8755 of 2011 --------------------------- Dated this the 3rd day of November, 2011 O R D E R The petitioner is accused No.1 in Crime No.918 of 2010 of Mathilakam Police Station which is now pending as C.C.No.888 of 2010 on the file of the court of the Judicial Magistrate of the First Class, Kodungallur. The offences alleged against the accused are under Sections 498A and 406 read with Section 34 of the Indian Penal Code. It is stated that a non bailable warrant was issued by the court for the arrest of the petitioner. The petitioner apprehends arrest and therefore, he has filed this application for anticipatory bail. 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. If the petitioner surrenders before court and moves an application for BA 8755/11 2 bail and for recalling the warrant, the same would be considered by the court as indicated in Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576). 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