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. 8145 of 2011 CRIME NO.125 OF 1981 OF MATHILAKAM POLICE STATION, THRISSUR LPR.NO.9 OF 2000 OF FIRST ADDITIONAL ASSISTANT SESSIONS COURT, THRISSUR. PETITIONER: ACCUSED NO.6: -------------------- MUHAMMED HUSSAIN, S/O.ABDUL SADIQUE, PUTHIYAVEETTIL HOUSE, KOORIKUZHI, KAIPAMANGALAM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. 8145 OF 2011 ------------------------------------------------------ Dated this the 30th day of September, 2011 O R D E R The petitioner apprehends arrest in execution of a non- bailable warrant issued by the First Additional Assistant Sessions Court, Thrissur in L.P.R.No.9 of 2000. It is stated that the petitioner is the sixth accused in Crime No.125 of 1981 of Mathilakam Police Station. That case was transferred to the Sessions Court to be tried along with S.C.No.35 of 1982. After transfer, the case was numbered as S.C.No.4 of 1983. It is stated that since the petitioner was not available for trial, the case was split up and it was renumbered as S.C.No.75 of 1984. Thereafter, the case was transferred to Long Pending Register and it was numbered as L.P.R.No.9 of 2000. On account of the non-appearance of the petitioner, non-bailable warrant was issued for the arrest of the petitioner. In these circumstances, 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 BAIL APPL.NO.8145 OF 2011 :: 2 :: 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 Court 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 closed with liberty to the petitioner to approach the Court which issued the warrant to recall the warrant and to grant bail. (K.T.SANKARAN) Judge ahz/