IMPORTANT POINT
Where non-bailable warrant is issued by court on account of non-appearance of accused, accused has to approach Court which issued warrant for recalling warrant and for grant of bail.

K.T. Sankaran, J.—The petitioner apprehends arrest in execution of a non-bailable warrant issued by the Judicial Magistrate of the First Class, Ernakulam in C.C.No.827 of 2009. The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act.

2. In Vineeth Somarajan @ Ambady v. State of Kerala1, 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 recalling the warrant and for the grant of bail. He cannot, normally, straightaway 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.2

3. 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.

Bail Application disposed of with directions.

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