IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Bail Appl..No. 7754 of 2011() ----------------------------- SC.1642/2009 of ADDITIONAL SESSIONS COURT(ADHOC)III, KOLLAM CRIME NO.01/2008 OF KOLLAM EXCISE ENFORCEMENT AND ANTI NARCOTIC CELL, SPECIAL SQUAD .................... PETITIONER/ACCUSED : ----------------------- NAJEEB, S/O.MAJEED, AGED 29 YEARS, RESIDING AT NAJEEB MANZIL, VADAKKEKKARA VILLAGE, KADUVATHODU MURI, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.A.SHANAVAS RESPONDENTS: COMPLAINANT & FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031. 2. CIRCLE INSPECTOR OF POLICE, KOLLAM EXCISE ENFORCEMENT AND ANTI NARCOTIC CELL, SPECIAL SQUAD-691 001. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7754 of 2011 ---------------------------------------------- Dated this the 23rd day of September, 2011 ORDER 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.01 of 2008 of Kollam Excise Enforcement and Anti Narcotic Cell, Special Squad, which is now pending as S.C.No.1642 of 2009 on the file of the Court of the Additional Sessions Judge (Ad hoc-III), Kollam. 2. The offence alleged against the petitioner is under Section 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act. 3. The petitioner apprehends arrest in execution of a non-bailable warrant issued by the Additional Sessions Court (Ad hoc-III), Kollam in S.C.No.1642 of 2009. It is stated that at the crime stage, bail was granted to the petitioner and he went abroad seeking employment. 4. 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- Bail Appln.No.7754/2011 : 2 : 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). Reserving the right of the petitioner to move the Court which issued the non-bailable warrant, to recall the warrant and to grant bail, this Bail Application is closed. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge