IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 50 of 2007()
1. NALINAKSHI, W/O. SREEDHARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CIRCLE INSPECTOR OF EXCISE,
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :08/01/2007
O R D E R
R. BASANT, J.
-------------------------------------------------
CRL.M.C.NO. 50 OF 2007
-------------------------------------------------
Dated this the 8th day of January, 2007
ORDER
The petitioner is the 2nd accused in a prosecution, inter
alia, under Sec.58 of the Kerala Abkari Act. The crux of the
allegations is that the petitioner’s son – the 1st accused, was
found in possession of, inter alia, 448 litres of spirit in a
building. The 1st accused was arrested and investigation
continued. Final report has now been filed arraying the
petitioner also as 2nd accused. Cognizance has been taken by
the committal court. A warrant of arrest has been issued
against the petitioner now to procure her presence. The
petitioner without and before appearing before the learned
Magistrate has rushed to this Court with this petition under
Sec.482 of the Cr.P.C. She apprehends that the learned
Magistrate may not consider her application for bail on merits,
in accordance with law and expeditiously. There is no
worthwhile allegation whatsoever against her. The learned
Magistrate may be directed to consider the application for bail
on merits and pass orders expeditiously.
CRL.M.C.NO. 50 OF 2007 -: 2 :-
2. It is for the petitioner to appear before the learned
Magistrate and apply for bail. It has often been repeated by the
superior courts that the mere fact that the offence is triable by a
Court of Session will not absolve the Magistrate/committal court
of his duty/obligation to consider the application for bail on
merits. Such consideration must certainly be undertaken by the
learned Magistrate. The mere fact that the Investigating
Officer has chosen to array the petitioner as an accused cannot
stand in the way of the learned Magistrate granting bail to the
petitioner if there is no worthwhile allegation/material procured
against her.
3. In the result, this Crl.M.C. is dismissed; but with the
above observations. I may hasten to observe that if the
petitioner surrenders before the learned Magistrate and seeks
bail after giving sufficient prior notice to the Prosecutor in
charge of the case, the learned Magistrate must proceed to pass
appropriate orders on merits and expeditiously – on the date of
surrender itself, unless compelling and exceptional reasons are
there.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy// P.S. To Judge