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. 9951 of 2011() ----------------------------- CP.71/2011 of J.M.F.C.,KATTAKADA Crime No.315 of 2004 of Malayinkeezhu Police Station, Thiruvananthapuram District. .................... PETITIONER/ACCUSED -------------------------------------- CHANDRAN, S/O.PONNU, VELIKKODU KALAVARATHU VILAKOM VEEDU, OORUTTUMBALAM, MALAYINKEEZHU VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL PROSECUTOR FOR NARCOTIC CASES, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9951 OF 2011 --------------------------------- Dated this the 9th 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 sole accused in Crime No.315 of 2004 of Malayinkeezhu Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 55(a) & (i) and 8(2) of the Abkari Act. 3. The prosecution case is that on 21.7.2004, the petitioner was found in possession of 10 litres of arrack. Final report was filed in the case on 25.8.2004. It is submitted by the learned counsel for the petitioner that non bailable warrant was issued by the court. The petitioner apprehends arrest in execution of the non bailable warrant. The learned Public Prosecutor submitted that final report was filed on 25.8.2011 B.A.No.9951 OF 2011 2 and not on 13.1.2011 as stated by the petitioner. The petitioner could not be arrested on 21.7.2004 as he ran away. 4. 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