IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 7467 of 2011() ----------------------------- CC.1081/2009 of J.M.F.C., KODUNGALLUR .................... PETITIONERS/ACCUSED 1 AND 3: ------------------------------ 1. DILEEP.P.A., AGED 32 YEARS, SALESMAN, PUTHENPURAKKAL HOUSE, Y.M.J. ROAD, NORTH JANATHA, PALARIVATTOM, KOCHI-25. 2. MOHAN KUMAR, AGED 42 YEARS, SON OF RAGHAVAN, DEEPA BHAVAN, MADAPPALLY P.O., PAYIPPAD, CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.P.M.ABDUL JALEEL (KODUNGALLUR) RESPONDENT: -------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7467 of 2011 ---------------------------------------------- Dated this the 04th day of November, 2011 ORDER The petitioners are accused Nos.1 and 3 in C.C.No.1081 of 2009 on the file of the court of the Judicial Magistrate of the First Class, Kodungalloor. It is stated that the petitioners were granted bail on appearance before the Magistrate's court. However, at the time of trial, the petitioners were absent and therefore the non-bailable warrant was issued against the petitioners. The petitioners apprehend arrest in execution of the non-bailable warrant. Therefore, they have 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 Bail Appln.No.7467/2011 : 2 : Code of Criminal Procedure. It was also noticed in that decision that when such an application for bail is filed, the 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 petitioners 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 skj