IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Crl.MC.No. 418 of 2011() -------------------- CP.33/2010 OF JUDICIAL FIRST CLASS MAGISTRATE-II, PERAMBRA, KOZHIKODE ............... PETITIONER / ACCUSED : ------------------------------------- OMANA.A.K, D/O.KADUNGON, AGED 47 YEARS, MARULLAPURAYIL HOUSE, NANMINDA AMSOM DESOM, P.O.NANMINDA, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT / STATE & COMPLAINANT : ------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, CHELANNUR EXCISE RANGE, CHELANNUR, KOZHIKODE DISTRICT, PIN – 673 001. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.418 of 2011 --------------------------------------- Dated this 10th day of February, 2011 ORDER Petitioner is accused in Crime No.41 of 2006 of Chelannur Excise Range Office, Kozhikode for offence punishable under Sec.8(1) and (2) of the Kerala Abkari Act and C.P.No.33 of 2010 of the court of learned Judicial First Class Magistrate-II, Perambra. It is alleged that petitioner was found in possession of three litres of arrack but, she was not arrested being a lady. The officer concerned has now filed final report against petitioner and the case is pending before learned Judicial First Class Magistrate-II, Perambra for committal in C.P.No.33 of 2010. Petitioner apprehends remand on her appearance before the learned Magistrate. Petitioner requested that a direction may be issued to the learned Magistrate to consider her bail application and release her on bail. Learned counsel placed reliance on the decision in Sukumari Vs. State of Kerala (2001(1) KLT 22) where it is held that Sec.437 of the Code of Criminal Procedure does not create any bar on the Magistrate granting bail to persons accused of a non-bailable offence or in respect of offences exclusively triable by a Court of Sessions under the Crl.M.C.No.418 of 2011 -: 2 :- Abkari Act. 2. In the light of the decision of the Division Bench in Martin Vs. State of Kerala (2004(2) KLT 1037) no such direction as prayed for could be granted. Petitioner has to appear before learned Judicial First Class Magistrate-II, Perambra and seek regular bail. I make it clear that if any application is preferred, learned Magistrate shall dispose of the application as provided under law as early as possible having regard to the facts and circumstances. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-