This is an application filed by the petitioner who is the accused in C.R.No.18/2012 of Badiadka Excise Range, to issue a direction to the magistrate under Section 482 of Code of Criminal Procedure. 2. It is alleged in the petition that petitioner is the accused in C.R.No.18/2012 of Badiadka Excise Range, for the alleged commission of the offence punishable under Section 55 (a) of the Abkari Act. The allegation in the petition is that she was found in possession of 5 litres of illicit arrack on 16.04.2013. After investigation, the 1st respondent has filed a final report before the Judicial First Class Magistrate Court, No-I, Kasargode. The learned magistrate has taken cognizance of the case as C.P.No.77/2014. After taking cognizance, the learned magistrate has issued non-bailable warrant against the petitioner for her appearance. It is submitted that during the course of the alleged search, she was not arrested because women officer was not available. Now, the petitioner is prepared to surrender before the court and to participate with the trial. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against her, she apprehends that, she is likely to be remanded and her bail application will not be considered on the date of filing of the application itself. So, the petitioner has no other remedy except to approach this Court seeking the following relief:
“To direct the Judicial 1st Class Magistrate I Kasargode to recall the Non Bailable Warrant issued against the petitioner in C.P.77/14 (Cr.No.18/12) of Badiadka Excise Range and direct him to release the petitioner on bail in the event she appears before the court, in the interest of justice.”
3. Considering the nature of relief claimed in the petition, this Court felt that the petition can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that his only apprehension is that if she surrenders, her bail application will not be considered on the same day and she will be remanded to custody.
5. The petition was opposed by the Public Prosecutor on the ground that the petitioner is an absconding accused.
6. It is an admitted fact that the petitioner is the accused in C.R.No.18/2012 of Badiadka Excise Range, for the alleged commission of the offence punishable under Section 55 (a) of the Abkari Act. After investigation, the 1st respondent has filed a final report before the Judicial First Class Magistrate Court, No-I, Kasargode. The learned magistrate has taken cognizance of the case as C.P.No.77/2014. After taking cognizance, the learned magistrate has issued non-bailable warrant against the petitioner for her appearance. The apprehension of the petitioner that, if she surrenders before the court below and moves for bail, she will be remanded and her application will not be considered on the date of filing itself is not genuine and without any basis. This Court has time and again observed in several petitions of this nature that the Presiding Officers of the criminal courts are duty bound to dispose of the bail applications, if any, filed by the accused persons on their surrender on the date of filing of the application itself unless compelling circumstances warrant postponement of the same to a future date. So, in fact, there is no necessity to issue any direction as sought for 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 No-I, Kasargode and moves for recalling the warrant and for releasing her on bail in C.P.No.77/2014 (Cr No.18/12 of Badiadka Excise Range), now pending before that court, then, the learned Magistrate is directed to consider and dispose of the bail application 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