Petitioner has approached this Court for a direction to the court below to release him on bail on the same day of his appearance in court. Petitioner is the sole accused in crime No.45/2004 of Kodukon Police Station registered under section 8(1) and (2) of the Abkari Act. In the complaint it is alleged that on 8-4-2004 at about 5.20 P.M. the 2nd respondent recovered a cannas containing one litre of spirit from a water course near to the petitioner’s house. The investigation of the above case is over and final report has been already filed before the court. The case was numbered as C.P.No.163/2005 on the file of the Judicial Magistrate of the First Class, Adoor. The petitioner submits that though the case was registered against the petitioner and the investigation is over, no summons has been served on him. The petitioner also submits that now the court below issued non-bailable warrant against him for his non-appearance.

2. Considering the facts and circumstances of the case, this Court finds that the Magistrates are seen issuing non-bailable warrants without serving summons on the accused as contemplated under the Code of Criminal Procedure. Learned Public Prosecutor su