Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Crl.MC.No. 1970 of 2014 () --------------------------- CP252014 of JUDICIAL FIRST CLASS MAGISTRATE - II, MAVELIKKARA ---------- PETITIONER/ACCUSED : ------------------ PRAHALAMANI, AGED45YEARS,W/O.VIKRAMAN, VEENALAYAM, MUTHUKATTUKARA, PALAMEL. BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/COMPLAINANT: ---------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP K. Ramakrishnan, J.
============================== Crl.M.C.No.1970 of 2014 ============================== Dated this, the 01st day of April, 2014. ORDER
This is an application filed by the petitioner who is the accused in C.P.No.25/14 (Crime No.179/12 of Noornadu Excise Range) on the files of Judicial First Class Magistrate Court, No- II, Mavelikkara, to issue a direction to the magistrate to consider the bail application under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that petitioner is the accused in Crime No.179/12 of Noornadu Excise Range now pending before Judicial First Class Magistrate Court, No-II, Mavelikkara as C.P.No.25/14 alleging offences under Sections 8(1) and (2) of the Abkari Act. The allegation in the petition is that the accused was found in possession of 1 liters of coloured arrack for the purpose of manufacturing arrack. She has not committed any offence and she is innocent of the same. Since she did not appear before the court below, non- bailable warrant is issued against her and the same is pending. The apprehension of the petitioner is that, if she surrenders before the concerned court, her bail application will not be Crl.M.C.No.1970 of 2014 :
2. : considered on the same date and she will be remanded to custody. So, she has no other remedy except to approach this court seeking the following relief: "To direct the Judicial First Class Magistrate-II, Mavelikkara to consider the petition to recall the warrant and the bail application in crime no.179/12 of the Noornadu Excise Range which is now pending as C.P.No.25/2014 before the JFMC-II, Mavelikkara on the date of surrender itself and to grant bail on the date of surrender itself." 3. Considering the nature of relief claimed in the petition, this court felt that this can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor.
4. The Counsel for the petitioner submitted that the apprehension of the petitioner is that, if she surrenders before the court below, her bail application will not be considered by the court on the same day and she will be remanded to custody. The application was opposed by the Public Prosecutor.
5. It is an admitted fact that petitioner is an accused in C.P.No.25/14 pending before Judicial First Class Magistrate Court, No-II, Mavelikkara which was originated on the basis of Crl.M.C.No.1970 of 2014 :
3. : Crime.No.179/2012, registered by Noornadu Excise Range alleging offences under Sections 8(1) and (2) of Abkari Act. Since she did not appear before the court below, non-bailable warrant has been issued against her and warrant is pending against the petitioner. The only apprehension of the petitioner is that, if she surrenders before the court below, her bail application will not be considered on the same day. But, the apprehension appears to be not genuine, as the courts are expected to dispose of the bail applications if any filed by the accused as far as possible on the same day of filing of the application itself unless there are compelling circumstances warrant the courts to postpone the same to a future date. So, in fact there is no need to issue any direction as claimed in the petition. However, considering the apprehension expressed in the petition, this court feels that the petition can be disposed of as follows: If the petitioner surrenders before the Judicial First Class Magistrate Court, II, Mavelikkara and moves for recalling the warrant and release her on bail in C.P.No.25/14 (Crime No.179/2012 of Noornadu Excise Range), which is now pending before that court, then, the learned magistrate is directed to consider and dispose of those applications filed by the Crl.M.C.No.1970 of 2014 :
4. : petitioner after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself. With the above direction and observation, the petition is disposed of. Office is directed to communicate this order to the concerned court immediately. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge