IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl.No. 3420 of 2008 --------------------------------- CP.109/2007 of J.F.C.M,CHALAKUDY .................... PETITIONER/ACCUSED --------------------------- PINTO JOSEPH, KALLARIKKAL HOUSE, THAIPARAMBIL, PALLURUTHY, ERNAKULAM. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.VINEETH KURIAKOSE RESPONDENT: ---------------- STATE OF KERALA, S.I. OF POLICE, CHALAKUDY, (CRIME NO. 580/2004), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3420 of 2008 ------------------------------------------- Dated this the 28th day of May, 2008 ORDER Petition for anticipatory bail. 2. Petitioner is accused in C.P.No.109 of 2007 before the Judicial First Class Magistrate Court, Chalakudy. The offence alleged against him is under Section 55(a) of Abkari Act. Warrant is issued against him by the court and he is apprehending arrest. Therefore, this petition is filed for anticipatory bail. 3. The petitioner's presence is required for the committal proceedings and hence, non bailable warrant has been issued by a court of competent jurisdiction. It is submitted that the petitioner was appearing in another case regularly and he was not aware of the pendency of the committal proceedings in this case. This fact is true, it is needless to say that he is entitled for bail. He may seek remedy before the lower court and seek appropriate relief. BA No.3420/08 2 There is no ground to invoke Section 438 of Crl.P.C. in this case. Petition is disposed of accordingly. K.HEMA, JUDGE csl