The petitioner herein is the first accused in CR No. 05/2014 of the Pathanapuram Excise Range, registered under Section 55 (i) of the Kerala Abkari Act. On detection of the offence some quantity of Indian made foreign liquor was seized. However, the petitioner was not arrested on the spot by the Excise Inspector. It is not known whether the Excise Inspector has filed complaint before the court. Anyway, the petitioner now wants to surrender before the learned Magistrate, but she apprehends that she will be remanded to judicial custody. She seeks orders from this court under Section 482 Cr.P.C directing the learned Magistrate to release her on bail on surrender. Such a relief cannot be granted at this stage. Of course, the petitioner can surrender before the Excise Officer or the court, if complaint is not yet filed. On surrender she can make application for bail under Section 437 Cr.P.C before the learned Magistrate. Whatever be the situation, this court cannot pass orders under Section 482 Cr.P.C for releasing her on bail. Anyway, a direction can be made to the court below to consider and dispose of her application for bail on surrender without delay. In the result, this petition is closed with direction to the learned Crl. M.C No.6972 of 2014 2 Judicial First Class Magistrate -III, Punalur that in case the petitioner herein surrenders, and makes application for bail in CR No. 05/2014 of the Pathanapuram Excise Range, the same shall be judiciously considered, and appropriate decision regarding bail shall be taken on the date of surrender itself, however with notice to the other side.
P.UBAID, JUDGE sab