IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 9867 of 2011() ----------------------------- CC.434/2008 of J.M.F.C., KODUNGALLUR .................... PETITIONERS/ACCUSED --------------------------- 1. JITHIN @ KUTTAI, S/O. CHANDRAN, AYINIKKARA(H), CHANKUKULANGARA, S.N.PURAM VILLAGE. 2. PRASANTH @ SAANTHU, S/O. PADMANABAN CHANASERY(H), CHANKUKULANGARA, S.N.PURAM VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9867 of 2011 --------------------------- Dated this the 9th day of December, 2011 O R D E R The petitioners apprehend arrest in execution of a non bailable warrant issued by the Judicial Magistrate of the First Class, Kodungallur in C.C.No.434 of 2008. Therefore, the petitioner has filed this application for anticipatory bail. 2. In the Bail Application, it is stated that the petitioners are the accused in Crime No.226 of 2008 of Mathilakam Police Station. The learned Public Prosecutor submitted that Crime No.226 of 2008 of Mathilakam Police Station relates to some other case and the offences alleged were under Sections 279 and 337 of the Indian Penal Code. 3. According to the petitioners, the offences involved in the present case are under Sections 143, 147, 148, 452, 323, 341, 324 and 354 read with Section 149 of the Indian Penal Code. BA 9867/11 2 4. Whatever may be the crime number, according to the petitioners, they apprehend arrest in execution of the non bailable warrant issued in C.C.No.434 of 2008 as mentioned above. 5. 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. 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 csl