IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Crl.MC.No. 1508 of 2011() ----------------------------------- C.R. NO.64/2010 OF ANCHAL EXCISE RANGE . C.P. NO.8/2011 OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR. ............... PETITIONER(S): ACCUSED --------------------------------------- THANKAMANY, W/O.RADHAKRISHNAN, PRADEEP VILASOM, PRAKKULAM CHATHUPPIL IRUTHODU MURI, THINKALKARIKKOM VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. DR.PAULY MATHEW MURICKEN RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE OFFICE, ANCHAL. BY PUBLIC PROSECUTOR SRI.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1508 of 2011 --------------------------------------- Dated this 26th day of May, 2011 ORDER Petitioner, a lady is accused of offence punishable under Sec.55(g) of the Kerala Abkari Act in C.P.No.8 of 2011 of the Court of learned Judicial First Class Magistrate-I, Punalur arising from the final report in C.R.No.64 of 2010 of Anchal Excise Range Office. The allegation is that petitioner was found keeping 70 litres of wash. According to the detecting officer, since petitioner is a lady and there was no women constable accompanying the police, petitioner could not be arrested at the spot. Petitioner states that she is ready to surrender before the learned Magistrate but she is apprehensive of a remand. Hence it is prayed that direction may be issued to the learned Magistrate to decide the application for bail if any preferred by petitioner on the same day of her appearance. I have heard learned Public Prosecutor also. 2. In view of the decision in Martin Vs. State of Kerala (2004(2) KLT 1037) no such direction as prayed for could be issued. Final report has already been filed and the case is at the committal stage. Learned Magistrate is directed to decide the Crl.M.C.No.1508 of 2011 -: 2 :- application for bail if preferred by the petitioner as early as possible. Petitioner shall surrender before the learned Magistrate within three weeks from this day. Warrant of arrest if any pending against petitioner shall stand in abeyance during the said period or till petitioner appears before the learned Magistrate, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-