IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Crl.MC.No. 3721 of 2011() ------------------------- CRIME NO.108/05 OF CHANDERA POLICE STATION CC.452/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED NO.3 --------------------------- A.P.ISMAIL, AGED 28 YEARS, S/O. AHAMMED SALI, RESIDING AT THANKAYAM, THRIKKARIPUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): STATE ----------------------------- STATE, REPRESENTED BY THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ Crl.M.C.No.3721 of 2011 ------------------------------- Dated this the 3rd day of November, 2011 O R D E R The petitioner is the third accused in C.C.No.452 of 2007 on the file of the court of the Judicial Magistrate of the First Class-I, Hosdurg. The offences alleged against the accused are under Sections 143, 147, 148 and 153(A) read with Section 149 of the Indian Penal Code. It is stated that during the crime stage, bail was granted to the petitioner on conditions. However, on issuing process, he did not appear and therefore, non bailable warrant was issued against the petitioner. The case is of the year 2007. The petitioner apprehends arrest in execution of the non bailable warrant and therefore, he has filed this Criminal Miscellaneous Case praying for issuing a direction to the learned Magistrate to recall the non bailable warrant issued against the petitioner. 2. When a non bailable warrant is issued by a court, normally, the court which has to recall the warrant is the court BA 3721/11 2 which issued it. The petitioner has not approached the court which issued the warrant to recall the warrant and to grant bail. Even if an application for anticipatory bail is filed, it was held in Vineeth Somarajan @ Ambady vs. State of Kerala (2009(3) KHC 471) that the person concerned has to approach the court which issued the non bailable warrant for the purpose of recalling the warrant and for the grant of bail. For the aforesaid reasons, the Criminal Miscellaneous Case is closed with liberty to the petitioner to approach the court which issued the non bailable warrant, to recall the warrant and to grant bail. K.T.SANKARAN JUDGE csl