The petitioners herein are the accused in C.P. No. 62/2013 of the Judicial First Class Magistrate Court, Adoor. The offence involved is under Section 8 (2) of the Kerala Abkari Act. These petitioners were not arrested on the spot by the Excise Inspector. The reasons stated by the Excise officer are not fully acceptable. Any way, complaint was filed before the court, and now there is committal proceeding. The committal court has now issued warrant of arrest against the petitioners. They apprehend remand to judicial custody, on surrender. So, they seek orders under Section 482 Cr.P.C. for a direction to the court below to consider their application for bail on the date of surrender itself. The petitioners, of course will have to surrender before the learned Magistrate, and seek bail. The crime does not involve any offence punishable with death or imprisonment of life. While taking decision in the matter of bail, the learned Magistrate will have to consider the entire facts and circumstances including the Crl.M.C. No. 6685 of 2014 2 reasons stated by the Excise Inspector for not arresting the petitioners. Any way, appropriate decision will have to be taken. It is submitted that the article involved is not in fact arrack, but coloured Indian made foreign liquor. That aspect cannot be now gone into. However, direction can be made to the court below to consider their application for bail on the date of surrender itself. In the result, this Crl.M.C. is closed, with direction to the court below, that in case application for bail is filed by the petitioners on surrender in C.P. 62/2013, the same shall be considered, and appropriate decision shall be taken, on the date of surrender itself, however with notice to the other side.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE