IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 6906 of 2008() ----------------------------- CP.46/2008 of J.M.F.C.-I, MAVELIKKARA CRIME NO.190/02 OF MAVELIKKARA EXCISE RANGE PETITIONER/ACCUSED:- ---------------------------------------- RETNAMMA, W/O. LATE GOPI, PULLAMPALLIKIZHAKKATHIL, CHERUKUNAM, THEKKEKKARA VILLAGE, MAVELIKKARA. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT(S): COMPLAING:- -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY EXCISE INSPECTOR, MAVELIKKARA EXCISE RANGE. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6906 of 2008 ----------------------------------------- Dated this the 24th November, 2008 O R D E R Can anticipatory bail be granted in a case in which summons is issued to the accused ? 2. According to prosecution, 750 ml of arrack were found in the kitchen of the house of petitioner on 21.12.2002 (more than 6 years back) at about 5.30 p.m and a case was registered against petitioner under Section 55(a) of the Abkari Act. Charge sheet was filed on 12.3.2007 and summons was issued to petitioner. Hence, petitioner has filed this petition for anticipatory bail, under Section 438 of the Code of Criminal Procedure ('Cr.P.C', for short). 3. Learned counsel for petitioner submitted that summons was issued to petitioner from the Magistrate Court and hence, this petition is filed. It is needless to say that in a case where summons is issued by the court, there can be no apprehension of any arrest by police. Going by the language BA.6906/08 2 of Section 438 Cr.P.C., only if a person has reason to believe that he will be arrested, direction under the said Section can be issued. The provision under Section 438 Cr.P.C can be invoked only if a person has reason to believe that he will be arrested on accusation of having committed a non-bailable offence. This requirement is lacking in this case. Hence, anticipatory bail cannot be granted to petitioner under Section 438 Cr.P.C. This petition is dismissed. K.HEMA, JUDGE vgs.