IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Bail Appl..No. 6229 of 2011() ----------------------------- C.R.NO.20/2009 OF BADIYADUKA EXCISE RANGE NOW PENDING AS C.P.NO.219/2011 JFCM, KASARAGOD PETITIONER/ACCUSED : ------------------------- SYAMALA P.A., AGED 30 YEARS, W/O.MANIKANTAN, PARAPPA HOUSE, KUTTIKOL VILLAGE, VATTAMTHATTA POST, KASARAGOD TALUK. BY ADV. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6229 of 2011 --------------------------- Dated this the 11th day of August, 2011 O R D E R The petitioner apprehends arrest in C.R.No.20 of 2009 of Badiyaduka Excise Range, which is now pending as C.P.No.219 of 2011 on the file of the court of the Judicial Magistrate of the First Class, Kasaragod. According to the petitioner, she was not aware of the case. Now she understands that a charge sheet has been filed showing that she had abscond. The petitioner apprehends arrest in execution of a non bailable warrant issued by the court. 2. Since the charge sheet is filed, the petitioner cannot have any apprehension that she would be arrested by the Excise Officials except by way of execution of a warrant. 3. 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 BA 6229/2011 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 closed. K.T.SANKARAN JUDGE csl BA 6229/2011