IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5957 of 2011 CR.NO.61 OF 2005 OF KATTAKADA EXCISE RANGE, TRIVANDRUM. PETITIONER/ACCUSED -------------------------------------- CHANDRAN @ ANNA CHANDRAN, S/O. KUTTAN, VADAKEVEETTIL, MARANALLOOR, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5957 of 2011 B ------------------------------------------------------ Dated this the 28th day of July, 2011 O R D E R The petitioner, the accused in C.R.No.61 of 2005 of Kattakada Excise Range, apprehends arrest in execution of the non-bailable warrant issued by the Judicial Magistrate of the First Class, Kattakada in C.P.No.23 of 2011. Therefore, the petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned Public Prosecutor submitted that the offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. After completing the investigation, charge sheet was filed on 23.12.2010 and the case is now numbered as C.P.No.23 of 2011, on the file of the Court of the Judicial Magistrate of the First Class, Kattakada. 3. 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 BAIL APPL. NO.5957 OF 2011 :: 2 :: 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. It was also noticed in that decision that when such an application for bail is filed, the learned Magistrate has to dispose of the Bail Application in the light of the principles laid down in Biju v. State of Kerala (2007(2) KLT 280). In the facts and circumstances of the case, the Bail Application is disposed of with liberty to the petitioner to approach the Court which issued the warrant to recall the warrant and to grant bail. When an application for bail is filed by the petitioner, the learned Magistrate shall consider the same in the light of the principles laid down in Vineeth Somarajan's case. (K.T.SANKARAN) Judge ahz/