IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 8116 of 2011 ----------------------------- CRIME NO.226 OF 2005 OF KODUNGALLUR POLICE STATION NOW PENDING BEFORE THE JFCM COURT, KODUNGALLUR AS LPR 385 OF 2007 IN C.C. NO.787 OF 2007. PETITIONER: 2ND ACCUSED: -------------------- SHIJIL, S/O.KUTTAN, ERANPURAKKAL, KARA, EDAVILANGU. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, KODUNGALLUR. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8116 OF 2011 ------------------------------------------------------ Dated this the 30th day of September, 2011 O R D E R The petitioner is the second accused in Crime No.226 of 2005 of Kodungallur Police Station. The case was pending as C.C.No.787 of 2007 on the file of the Court of the Judicial Magistrate of the First Class, Kodungallur. On account of the non-appearance of the petitioner, the case was treated as long pending and it was numbered as L.P.R.No.385 of 2007. It is stated that the petitioner went abroad in search of employment and therefore, he could not appear before Court. Non-bailable warrant was issued by the Court and the petitioner apprehends arrest. 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 BAIL APPL.NO.8116 OF 2011 :: 2 :: 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 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). In the facts and circumstances of the case, the Bail Application is disposed of with liberty to the petitioner to approach the Court which issued the warrant to recall the warrant and to grant bail. When an application for bail is filed by the petitioner, the learned Magistrate shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/