IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Bail Appl..No. 1581 of 2010() ---------------------------------------- CP.4/2010 of J.M.F.C.-II,HOSDRUG Cr. NO.50/2007 OF NILESHWAR EXCISE RANGE, KASARAGOD. .................... PETITIONER/ ACCUSED: ----------------------------------- K.BALAMANI, AGED 45 YEARS, W/O.RAGHAVAN, RESIDING AT NARKIL, KALICHAMARAM, KARINTHALAM P.O., KARINTHALAM VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. P.A. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1581 of 2010 ------------------------------------ Dated this the 19th day of March, 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 Cr.No. 50 of 2007 of Nileshwar Excise Range, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 4/11/2007, the petitioner was found in possession of 15 litres of wash. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case on 14/1/2010. The case is now pending as C.P. No.4/2010 on the file of the court of the Judicial Magistrate of the First Class- II, Hosdurg. 5. It is stated that non-bailable warrant was issued by the court for the arrest of the petitioner. The petitioner apprehends arrest and therefore, she has filed this application for anticipatory bail. B.A. No. 1581 /2010 2 6. 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. It was also observed in Vineeth Somarajan's case that when such an application for bail is filed, the same has to be considered in the light of the principles laid down in Biju Vs. State of Kerala [2007(2) K.L.T 280]. In Sukumari Vs. State of Kerala [2001(1) K.L.T.22], it was held that the power under Section 437 can be invoked by the Magistrate even in cases involving a Sessions offence. Reserving the right of the petitioner to move the court which issued the non bailable warrant, for recalling the warrant and for the grant of bail, this Bail Application is closed. K.T. SANKARAN, JUDGE scm