IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6484 of 2011() ----------------------------- OR NO.153/2003 OF MAVELIKKARA EXCISE RANGE PETITIONER : ACCUSED NO.2 ---------------------------------- SAJIKUMAR, AGED 34 YEARS, S/O.PRASAD, SAJI BHAVANAM, THAMARAKULAM, MAVELIKARA TALUK. BY ADV. SRI.R.PADMAKUMAR RESPONDENT(S): --------------- STATE OF KERALA-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6484 of 2011 --------------------------- Dated this the 26th day of August, 2011 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 second accused in O.R.No.153 of 2003 of Mavelikkara Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The date of occurrence was on 9.1.2003. After completing the investigation, charge sheet was filed on 10.8.2008. The case is now pending as L.P.No.7 of 2010 on the file of the court of the Judicial Magistrate of the First Class-I, Mavelikkara. 4. Learned counsel for the petitioner submitted that the petitioner was working abroad for the last 8 years and he BA 6484/2011 2 did not receive any summons. A non bailable warrant is issued for the arrest of the petitioner. The petitioner apprehends arrest in execution of the non bailable warrant and therefore, he has filed this application for anticipatory bail. 5. In Vineeth Somarajan vs. State of Kerala (2009 (3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. If the petitioner surrenders before court and moves an application for bail and for recalling the warrant, the same would be considered by the court as indicated in Vineeth Somarajan vs. State of Kerala (2009(3) KLT 576). The Bail Application is accordingly disposed of. K.T.SANKARAN JUDGE csl