IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 9974 of 2011() ----------------------------- CP.479/2011 of J.M.F.C-I, KASARAGOD CRIME NO.588 OF 2011 OF KASARAGOD POLICE STATION .................... PETITIONER ------------------------------ RAMESAN,S/O.KUNHUNNI RAI, AGED 40 YEARS, THANVEER NILAYAM, MADHUR PANCHAYATH, KUDLU VILLAGE, KASARAGOD BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION 671 121 2. STATE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.9974 OF 2011 --------------------------------- Dated this the 15th day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in CP No.479 of 2011 on the file of the Court of the Judicial Magistrate of the First Class-I, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. It is stated that the petitioner moved Bail Application No.5475 of 2011 for anticipatory bail and that Bail Application was dismissed by the order dated 11.7.2011. It is also stated that charge sheet was filed subsequently, and court has issued non bailable warrant against the petitioner. The petitioner apprehends arrest in execution of a non bailable warrant and therefore, he has filed this application for anticipatory bail. B.A.No. 9974 OF 2011 2 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 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