IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5387 of 2011() ----------------------------- CRIME NO.277/07 OF OTTAPPALAM POLICE STATION SC.122/2008 of ASSISTANT SESSIONS COURT, OTTAPPALAM .................... PETITIONER (S): 2ND ACCUSED ------------------------------- JANARDANAN, S/O.RAMAKRISHNAN, ARIYAKKODE (HOUSE), ERIMAYOOR, ALATHUR, PALAKKAD DISTRICT. BY ADV. SMT.RADHIKA P.GOPINATH RESPONDENT(S): STATE ---------------------------- THE STATION HOUSE OFFICER, STATION, OTTAPPALAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5387 of 2011 --------------------------- Dated this the 14th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.277 of 2007 of Ottappalam Police Station which is now pending as Sessions Case No.122 of 2008 on the file of the court of the Assistant Sessions Judge, Ottappalam. 2. The offences alleged against the accused are under Sections 114 and 307 read with Section 34 of the Indian Penal Code. 3. The petitioner apprehends arrest in execution of a non bailable warrant issued by the Assistant Sessions Court, Ottappalam and therefore, he has filed this application for anticipatory bail. BA 5387/2011 2 4. In Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. If the petitioner surrenders before court and moves an application for bail and for recalling the warrant, the same would be considered by the court as mentioned in Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576). The Bail Application is accordingly closed. K.T.SANKARAN JUDGE csl