IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10025 of 2011() ------------------------------ CRIME NO.12/2010 OF KATTAKKADA EXCISE RANGE .................... PETITIONER/ACCUSED ------------------------- OMANA D/O. SUBASHINI, KALLUVILLA PUTHENVETTIL MADATHIKONAM MARANALOOR TRIVANDRUM BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------- STTE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10025 of 2011 --------------------------- Dated this the 14th day of December, 2011 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 Crime No.12 of 2010 of Kattakkada Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 4.3.2010 at 6.30 P.M., the petitioner was found in possession of 5 litres of arrack. The petitioner could not be arrested as no woman police constable was available. It is submitted that after completing the investigation, charge was laid on 2.4.2011. The learned counsel for the petitioner submitted that the proceedings are pending as C.P.No.103 of 2011 on the file of the court of the Judicial Magistrate of the First Class, Kattakkada, and a non bailable warrant was issued by the court against the petitioner. BA 10025/11 2 The petitioner apprehends arrest in execution of the non bailable warrant. 4. In Vineeth Somarajan vs. State of Kerala (2009 (3) KLT 576), it was held that when warrant is issued against the accused, his remedy is to approach the court which issued the warrant for recalling the warrant and for granting bail; and not to move under Section 438 Crl.P.C. for anticipatory bail. 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 csl