M.D. PADMAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 Kerala (2009 (3) KHC 471), 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 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 learned Magistrate 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).