(1.) THIS is an application filed by the petitioner who is the accused in C.R.No.18/2012 of Badiadka Excise Range, to issue a direction to the magistrate under Section 482 of Code of Criminal Procedure.
(2.) IT is alleged in the petition that petitioner is the accused in C.R.No.18/2012 of Badiadka Excise Range, for the alleged commission of the offence punishable under Section 55 (a) of the Abkari Act. The allegation in the petition is that she was found in possession of 5 litres of illicit arrack on 16.04.2013. After investigation, the 1st respondent has filed a final report before the Judicial First Class Magistrate Court, No -I, Kasargode. The learned magistrate has taken cognizance of the case as C.P.No.77/2014. After taking cognizance, the learned magistrate has issued non -bailable warrant against the petitioner for her appearance. It is submitted that during the course of the alleged search, she was not arrested because women officer was not available. Now, the petitioner is prepared to surrender before the court and to participate with the trial. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against her, she apprehends that, she is likely to be remanded and her bail application will not be considered on the date of filing of the application itself. So, the petitioner has no other remedy except to approach this Court seeking the following relief:
(3.) LEARNED counsel for the petitioner submitted that his only apprehension is that if she surrenders, her bail application will not be considered on the same day and she will be remanded to custody.