IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5562 of 2011 CP.NO.124/2011 OF J.M.F.C.I,KASARAGOD PETITIONER: ACCUSED: -------------------- GURUVAN, AGED 31 YEARS, S/O.KUTTY NEAR PERIYADKA, PUTHUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER KASARAGOD POLICE STATION, KASARAGOD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5562 OF 2011 ------------------------------------------------------ Dated this the 7th day of July, 2011 O R D E R The petitioner, who is the accused in C.P.No.124 of 2011, on the file of the Court of the Judicial Magistrate of the First Class I, Kasaragod, has filed this Bail Application under Section 438 of the Code of Criminal Procedure for anticipatory bail. 2. The offence alleged against the petitioner is under Section 55 (a) of the Abkari Act. 3. Warrant has been issued against the petitioner on account of non-appearance before Court. He apprehends arrest and therefore, he has approached this Court. 4. In Vineeth Somarajan v. State of Kerala (2009 (3) KLT 576), it was held that when a warrant is issued by the Court, normally, the accused should approach that Court for recalling the warrant and for granting bail. In the present case also, the petitioner could have Bail Appl. NO.5562 of 2011 :: 2 :: approached the Court which issued the warrant and could have applied for recalling the warrant and for granting bail. If the petitioner files an application for recalling the warrant and for granting bail, the Judicial Magistrate of the First Class I, Kasaragod shall make every endeavour to consider the application at the earliest. With the above observation, the Bail Application is closed. (K.T.SANKARAN) Judge ahz/