IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10412 of 2011() ------------------------------ CP.209/2011 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.202/2009 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM DT. .................... PETITIONER/ACCUSED --------------------------- STELLA, AGED 55 YEARS, W/O.JOSEPH, JOY NIVAS, CHAVARA MURI, CHAVARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10412 OF 2011 --------------------------------- Dated this the 20th day of December, 2011 ORDER The petitioner apprehends arrest in execution of a non bailable warrant in CP No.209 of 2011 on the file of the Court of the Judicial Magistrate of First Class, Karunagappally. It is stated that the offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 2. 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 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. B.A.No.10412 OF 2011 2 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