IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5121 of 2011() ----------------------------- CP.107/2009 of J.M.F.C.-I,PATHANAMTHITTA CRIME NO.14/2009 OF PATHANAMTHITA EXCISE RANGE .................... PETITIONER : ACCUSED ------------------------------ PRASANNAN,S/O.RAGHAVAN, CHENNAMCHIRA HOUSE,NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITA DISTRICT BY ADV. SRI.M.T.SURESHKUMAR SRI.R.RANJITH RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5121 of 2011 --------------------------- Dated this the 11th day of July, 2011 O R D E R The petitioner apprehends arrest in execution of a warrant issued by the court of the Judicial Magistrate of the First Class-I, Pathanamthitta in C.P.No.107 of 2009 (Crime No.14 of 2009 of Pathanamthitta Excise Range). 2. In Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576), it was held that when a warrant for arrest is issued by a court, normally, the person concerned is not entitled to file an application for anticipatory bail and his remedy is to approach the court which issued the warrant and apply to recall the warrant and to grant bail. 3. In view of the decision in Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576), the Bail Application is closed with liberty to the petitioner to approach the court which issued the warrant. If necessary application is filed for recalling the BA No.5121/2011 2 warrant and for the grant of bail, the court shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. K.T.SANKARAN JUDGE csl