IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Bail Appl..No. 7558 of 2009() --------------------------------------- CRIME NO.27/2007 OF BANDADUKA EXCISE RANGE, KASARAGOD DISTRICT. ............... PETITIONER/ACCUSED: ---------------------------------- C.V. SAVITHRI, AGED 46 YEARS, WIFE OF NARAYANAN, KARICHERI, KOLATHOOR VILLAGE, KASARAGOD TALUK. BY ADV. MR.M.RAMESH CHANDER RESPONDENT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-35. BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 7558 of 2009 ------------------------------------ Dated this the 12th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.27/2007 of Bandadka Excise Range, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The learned Public Prosecutor submitted that after completing the investigation, final report was filed in the case on 09.12.2009 and now the case is pending as C.P. 250/2009 on the file of the Court of the Judicial Magistrate of the First Class- I, Kasaragod. 4. The learned counsel for the petitioner submitted that the petitioner was not served with summons. However, a non bailable warrant was issued against him. The petitioner apprehends arrest in execution of the non bailable warrant. B.A. No. 7558 of 2009 2 5. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009 (3) KHC 471] it was held that in cases where non bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the warrant and to apply for recalling the warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007 (2) K.L.T. 280]. Reserving the right of the petitioner to move the learned Magistrate for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE ln