IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6178 of 2011() ----------------------------- CR NO.15/2005 OF KATTAKKADA EXCISE RANGE PETITIONER/ACCUSED ---------------------------- VENU,S/O.APPUKUTTAN,1 HIGH SCHOOL WARD VILAPPIL,NEYYATTINKARA,TRIVANDRUM. BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6178 of 2011 --------------------------- Dated this the 9th day of August, 2011 O R D E R The petitioner Venu, Son of Appukuttan, 1 High School Ward Vilappil, Neyyattinkara, Thiruvananthapuram, has filed this application under Section 438 of the Code of Criminal Procedure for anticipatory bail apprehending arrest in C.R.No.15 of 2005 of Kattakkada Excise Range. The offence involved in the case is under Section 8(1) and (2) of the Abkari Act. 2. The learned Public Prosecutor submitted that Venu, Son of Appukuttan, is not an accused in C.R.No.15 of 2005. On the other hand, Binu, Son of Appukuttan is the accused in the case. 3. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 1.12.2010 before the court of the Judicial First Class BA 6178/2011 2 Magistrate, Kattakkada. 4. Since the charge sheet is filed, there cannot be any apprehension on the part of the petitioner or Binu, the real accused that he would be arrested during investigation. 5. The learned counsel for the petitioner submitted that a warrant is issued by the Magistrate's Court. There is no such statement in the Bail Application. If warrant is issued against the accused, his remedy is to approach the court which issued the warrant to recall the warrant and to grant bail, as held in Vineeth Somarajn vs. State of Kerala (2009(3) KLT 576). The Bail Application is accordingly closed. K.T.SANKARAN JUDGE csl