IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 9811 of 2011() ----------------------------- CP.26/2010 of J.M.F.C., PARAVOOR CR NO.30 OF 2005 OF CHATHANNOOR EXCISE RANGE .................... PETITIONER/ACCUSED NO.2 -------------------------------- SUNILKUMAR, S/O. RAVEENDRAN, AGED 39 YEARS, POYKAYIL VEEDU (SILPA NIVAS), THAZHAM, THEKKU CHERRY, CHIRAKKARA VILLAGE, CHATHANNOOR, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, CHATHANOOR EXCISE RANGE, CHATHANOOR, KOLLAM DISTRICT. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 9/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.9811 of 2011 ----------------------------------------- Dated this the 9th day of December, 2011 ORDER The petitioner apprehends arrest in execution of a non bailable warrant issued in CP No.26 of 2010 on the file of the Court of the Judicial Magistrate of the First Class, Paravoor, Kollam. The case arose out of CR No.30 of 2005 of Chathannoor Excise Range, registered for the offence under Section 55(a) & (i) of the Abkari Act. 2. It is stated that the petitioner did not receive any summons from the court. However, non bailable warrant was issued by the court. 3. In Vineeth Somarajan @ Ambady v. State of Kerala (2009(3) KHC 471), it was held that where non- bailable warrant is issued by the court on account of non- appearance of the accused, normally, the person against B.A.No.9811 OF 2011 2 whom the warrant is issued has to approach the Court which issued the warrant for re-calling the warrant and for the grant of bail. He cannot, normally, straight away approach the High Court by filing a Bail Application under Section 438 of the Code of Criminal Procedure. Reserving the right of the petitioner to move the Court which issued the non-bailable warrant, to recall the warrant and to grant bail, this Bail Application is closed. K.T.SANKARAN, JUDGE. cms