IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Bail Appl..No. 95 of 2010() ------------------------------ CRIME NO. 5/2008 OF EXCISE RANGE, IRITTY, KANNUR DISTRICT .................... PETITIONER/ACCUSED NO.3 : ---------------------------------- K.P.SHINEESH @ KUTTAN, S/O.RAGHUNATH, AGED 32 YEARS, PUTHENPURAYIL HOUSE, ERANHOLI, ERANHOLI AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: ----------------------------------- THE EXCISE INSPECTOR, EXCISE RANGE, IRITTY, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 95 of 2010 ------------------------------------ Dated this the 14th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.5/2008 of Excise Range, Iritty, Kannur District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 07.02.2008, the petitioner and others were found transporting 222 barrels of spirit, each barrel containing 35 liters of spirit. The petitioner could not be arrested as he ran away. 4. The petitioner filed this application for Anticipatory Bail, as if the investigation is pending. 5. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 26.05.2009 before the Court of the Judicial Magistrate of the First Class, Mattannur. B.A. No. 95 of 2010 2 6. The learned counsel for the petitioner submitted that the Court has issued non bailable warrant for the arrest of the petitioner and the petitioner apprehends arrest in execution of the non bailable warrant. 7. In Vineeth Somarajan @ Ambadi Vs. State of Kerala [2009 (3) KHC 471] it was held that in cases where non bailable warrant is issued by a court, the proper remedy of the accused is to approach that court which issued the warrant and to apply for recalling the warrant and for the grant of bail. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007 (2) K.L.T. 280]. 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 ln