Soman vs State Of Kerala

The petitioner is the accused in C.P.No.19/2021 on the file of the Judicial First Class Magistrate Court, Vadakara. C.P No.19/2021 originated from Crime No.45/2017 of the Vadakara Excise for an offence punishable under Section 8(1) of the Kerala Abkari Act. The Investigating Officer conducted the investigation and has filed Annexure-1 final report.

It is the case of the petitioner that the allegation in Annexure-A1 final report are false and fabricated. The petitioner has not absconded as alleged in the final report. He has been residing with his family in the very same address. In fact, he has even exercised his franchise in the last election. As a warrant of arrest is pending against the petitioner, he apprehends that he will be remanded to judicial custody by the learned Magistrate, if he appears before the Court to get himself enlarged on bail. Hence, a direction may be issued to the Judicial First Class Magistrate, Vadakara to release the petitioner on his surrender before the said Court.

Considering the limited relief that has been sought for in the petition, I am inclined to dispose of the Crl.M.C by passing the following directions:

(i) The petitioner is at liberty to surrender before the Judicial First Class Magistrate Court, Vadakara in C.P.19/2021 and move an application for bail with notice to the learned Public Prosecutor.

(ii) In the event of the petitioner filing such an application, the learned Magistrate, may preferably on the date of surrender itself, consider the bail application and pass appropriate orders thereon, in accordance with law.

(iii) In order to provide the petitioner an opportunity to surrender and seek bail, the non-bailable warrant issued against the petitioner shall be kept in abeyance for a period of two weeks from today.