IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9414 of 2011() ----------------------------- CP.4/2008 of J.M.F.C., PARAVOOR Crime No.375 of 2002 of Chathannoor Police Station. .................... PETITIONER/ACCUSED -------------------------------------- SUNILKUMAR, S/O.RAVEENDRAN, AGED 39 YEARS, POYKAYIL VEEDU, (SILPA NIVAS), THAZHAM, THEKKU CHERRY, CHATHANNOOR, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): COMPLAINANTS/STATE --------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT - 697001. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9414 OF 2011 --------------------------------- Dated this the 25th day of November, 2011 ORDER The petitioner apprehends arrest in execution of the non bailable warrant issued by the Court of the Judicial Magistrate of the First Class, Paravoor in CP No.4 of 2008 arising out of Crime No.375 of 2002 of Chathannoor Police Station. 2. It is stated that the offence alleged against the petitioner is under Section 55(a) of the Abkari Act. The circumstances under which the warrant was issued by the court are not disclosed in the Bail Application. 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 B.A.No. 9414 OF 2011 2 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