The petitioner herein is the sole accused in C.C.No.119/2014 of the Judicial First Class Magistrate Court, Sasthamcotta. The offence involved is under Section 55(i) of the Kerala Abkari Act. Prosecution case is that the petitioner was found possessing 1.5 litres of Indian made foreign liquor for sale. It is alleged that on seeing the excise party, the petitioner ran away from the place of occurrence, but the quantity of liquor abandoned by him was seized as per mahazar. Genuineness of the reason for not arresting the accused is really suspicious. Any way, there is warrant of arrest against him from the committal court, and the petitioner apprehends remand to judicial custody on production before court. He seeks a direction under Section 482 Cr.P.C. from this Court to the learned Magistrate to recall the warrant of arrest and to release him on bail. Of course, the relief as stated by the petitioner cannot be granted. The learned Magistrate, who has issued warrant of arrest for proper reason Crl.M.C.. No. 7024/2014 2 will have to consider the request and pass appropriate orders. The grievance of the petitioner is that he had not received any summons in the proceeding. This grievance will have to be considered by the learned Magistrate. However, a direction can be made to dispose of the application for bail without delay. In the result, this petition is closed, with direction to the court below that in case application for bail is filed by the petitioner on surrender in C.P. No. 119/2014, 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. The petitioner is granted time for seven days to surrender. During this period, execution of warrant of arrest will stand suspended.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE