IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Bail Appl..No. 7899 of 2011() ----------------------------- CRIME NO.36/2010 OF VADANAPPALLY POLICE STATION, THRISSUR PETITIONER/6TH ACCUSED : ------------------------------- SREEJIN @ SREEJINKUMAR, S/O.SREEDHARAN, ALUNGAL HOUSE, THAMBAN KADAVU, THALIKULAM, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, VADANAPALLY POLICE STATION, THRISSUR DITRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7899 of 2011 --------------------------- Dated this the 23rd day of September, 2011 O R D E R The petitioner is accused No.6 in Crime No.36 of 2010 of Vadanappally Police Station. It is stated that the crime was registered for the offences under Sections 143, 147, 148, 324, 427, 452 and 308 read with Section 149 of the Indian Penal Code. After completing the investigation, charge sheet was filed in the case. It is stated that the case was pending as C.P.No.71 of 2010 before the court of the Judicial Magistrate of the First Class, Chavakkad, and it is refiled as C.P.No.63 of 2011. Non bailable warrant was issued by the court against the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant. 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 BA 7899/2011 2 to move under Section 438 Crl.P.C. for anticipatory bail. If the petitioner surrenders before court and moves an application for 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). 3. In Sukumari vs. State of Kerala (2001(1)KLT 22) it was held that the Magistrate has jurisdiction to grant bail even in respect of an offence exclusively triable by a court of Session. 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