IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 372 of 2010() ------------------------------------- C.R. NO.76/2005 OF KARUNAGAPPALLY EXCISE RANGE. .......... PETITIONER/ACCUSED --------------------- LEELAMANI, W/O. HARIDASAPANIKKAR, PULIKKAL KIZHAKKATHIL, VADAKKUM MURI PADINJARU, THAZHAVA VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTORMR.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. T. SANKARAN, J. ------------------------- B.A. No.372 of 2010 ---------------------------- Dated this the 9th day of February, 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 the accused in C.R. No.76/2005 of Karunagappally Excise Range. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 28/6/2005, the petitioner was found in possession of three litres of arrack. It is stated that the petitioner was not arrested during the crime stage. The counsel submits that charge sheet was filed on 25/11/2009. The court issued summons to the petitioner. The petitioner received summons. On 13/1/2010, the date on which the petitioner was directed to appear, she could not appear. The counsel appeared and filed an application to excuse the absence of the petitioner. It is stated that the learned Magistrate dismissed that application and issued non-bailable warrant for the arrest of the petitioner. The petitioner apprehends arrest in execution of the non-bailable warrant and hence, this application B.A. No.372 / 2010 2 for anticipatory bail is filed. 4. 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 that warrant and for the grant of bail. In Sukumari Vs. State of Kerala [2001(1) K.L.T.22], this Court held that the power under Section 437 can be exercised even in a case which is exclusively triable by the court of Session. Reserving the right of the petitioner to move the learned Magistrate for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm