The petitioner herein is the sole accused in C.P.No.92/2013 of the Judicial First Class Magistrate Court, Sasthamcotta. The offence involved is under Section 55(i) of the Kerala Abkari Act, and the property involved is a very small quantity of 600 ml of Indian made foreign liquor. Mere possession of that much quantity will not make an offence, but it is alleged that the petitioner possessed the same for the purpose of sale. He was granted bail by the court at the initial stage of the crime. Now, there is warrant of arrest against him from the committal court. On the apprehension of arrest and remand to judicial custody, he seeks orders from this Court under Section 482 Cr.P.C. to recall the warrant of arrest. Of course, the question of recalling the warrant of arrest will have to be considered by the court below. The petitioner will have to surrender before the learned Magistrate, and explain his absence during the proceeding. If the absence is convincingly explained, the question of releasing him Crl.M.C. No. 7011/14 2 on condition, can be thought of by the learned Magistrate. The learned Magistrate will also consider the very small quantity of liquor involved. However, there can be a direction to consider the 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 petitioner in C.P. No. 92/2013 on surrender, the same shall be judiciously considered and appropriate decision shall be taken on the date of surrender itself, however with notice to other side. The petitioner is granted seven days to surrender before the trial court. In the mean time, execution of warrant of arrest will stand suspended.
Sd/-
P. UBAID, JUDGE sd