IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Bail Appl..No. 1078 of 2010(F) ----------------------------------------- CRIME NO.136/2009 OF BEDAKAM POLICE STATION, KASARAGOD PETITIONER/ACCUSED: -------------------------------------- KAMALA H.,AGED 50/09 D/O.CHENIYAN H.CHULLY,MUNNAD GRAMAM, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA REP.BY INSPECTOR OF POLICE, BEDAKAM POLICE STATION, REP BY THE PUBLIC PROSECUTOR, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1078 of 2010 ------------------------------------ Dated this the 5th day of March, 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 accused No.2 in Crime No.136/2009 of Bedakam Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. It is submitted that after completing the investigation, charge sheet was filed on 30/11/2009. The learned counsel for the petitioner submitted that the petitioner has not received any summons. However, a non bailable warrant was issued by the Judicial Magistrate of the First Class, Kasaragod against the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant. Therefore, he has filed this application for anticipatory bail. 4. 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 B.A. No. 1078/2010 2 of the accused is to approach that court which issued the warrant and to apply for recalling that 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]. In Sukumari Vs. State of Kerala [2001(1) K.L.T.22], it was held that the power under Section 437 can be invoked by the Magistrate even in cases involving a Session offence. Reserving the right of the petitioner to move the court which issued the non bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm