IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 7243 of 2009() ----------------------------------- CRIME NO.138/2001 OF MAVELIKARA POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED: --------------------------------------- RAMACHANDRAN PILLAI, AYODHYA, KALLIMEL MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.R.PADMAKUMAR RESPONDENT/COMPLAINANT: ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7243 of 2009 ------------------------------------ Dated this the 10th day of December, 2009 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.138/2001 of Mavelikara Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. It is stated that the petitioner was enlarged on bail on 9/5/2001 by the learned Sessions Judge. It is also stated that charge sheet was filed in C.P. No.151/01 before the court of the Judicial Magistrate of the First Class-I, Mavelikara. The petitioner states that he was employed abroad. Though, he received summons, he could not appear before court as he was directed to reach Dubai, at the place of his work. Therefore, he left the station. The proceedings are pending before the Magistrate’s Court. It is stated that non-bailable warrant is issued against the petitioner. The petitioner apprehends arrest in execution of the non-bailable warrant. B.A. No.7243 of 2009 2 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 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]. 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 scm