IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Bail Appl..No. 3671 of 2008() ----------------------------- CP.46/2006 of ADDL.C.J.M.,TRIVANDRUM CRIME NO. 245/04 OF POOJAPURA POLICE STATION PETITIONER : ----------------- P.VELUKUTTY, S/O.GOPALAN, KALLAM POTTA ARAYALLURR THIRUMALA PO., THIRUVANANTHAPURAM BY ADV. SRI.C.V.MANUVILSAN SRI.SYAM J SAM RESPONDENTS: ------------- STATE OF KERALA REP. BY THE S.I. OF POLICE, POOJAPPURA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------ Bail Appl.No. 3671 of 2008 ------------------------------------------ Dated this the 9th day of June, 2008. ORDER Petition for anticipatory bail. 2. Petitioner is the 2nd accused in crime. The alleged offences are under under Sections 55(a) and (g) of the Abkari Act. The petitioner apprehends arrest on account of a non-bailable warrant issued from the Addl. Chief Judicial Magistrate Court. He also anticipates remand on the ground that offence is exclusively triable by a Court of Session. Hence, this application. 3. It is clear that the petitioner apprehends arrest only on account of a non-bailable warrant issued by a competent court since the petitioner was absent during pendency of the case. According to petitioner, summons was not served on him but warrant happened to be issued. If this is true, the lower court may consider this fact while dealing with bail application. The reason that it is likely that the petitioner may be remanded since offence involved is an offence exclusively triable by a Court of Session is not a ground to grant [B.A.3671/08] 2 anticipatory bail. I am not inclined to exercise my jurisdiction under Section 438 of Cr.P.C. in a fact situation like this. Petition is dismissed. K. HEMA, JUDGE. Krs.