IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5995 of 2011() ----------------------------- ST.406/2006 of J.M.F.C.-VIII, TRIVANDRUM .................... PETITIONER/ACCUSED -------------------------------------- L.A.XAVIER D'CRUZ, AGED 62 YEARS, ETHALEAN HOUSE, CARGO COMPLEX, VALIYATHURA, VALLAKKADAVU P.O., THIRUVANANTHAPURAM BY ADV. SRI.P.BABU KUMAR SRI.P.YADHU KUMAR RESPONDENT(S): --------------- STATION HOUSE OFFICER, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.5995 OF 2011 --------------------------------- Dated this the 28th day of July, 2011 ORDER The petitioner apprehends arrest in execution of the non bailable warrant issued by the Court of the Judicial Magistrate of the First Class-VIII, Thiruvananthapuram in S.T.No.406 of 2006. Therefore, the petitioner has filed this application for anticipatory bail. 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 B.A. No.5995 OF 2011 2 learned 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). 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. cms