K.M. ABDUL RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner who is the accused in L.P. No. 01/2006 on the file of the Additional District and Sessions Court, Neyyattinkara, to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure.

(2.) THE case of the petitioner in the petition is that he is the accused in Crime No. 6/1999 of Amaravila Excise Range, under Section 55(a) of Abkari Act. It is alleged in the petition that petitioner was the owner of a vehicle which was given on rent and it was seized for transporting illicit liquor and the petitioner was arrayed as accused and he was arrested in 1999 and later, he was released on bail. Thereafter, he received summons in the committal proceedings and he appeared in committal proceedings as C.P. No. 370/2000. The case was committed to Sessions Court for trial and it was numbered as S.C. No. 1843/2001. The petitioner appeared in the Sessions Court and he was released on bail. Later, he did not appear and so his bail was cancelled and the Sessions Court issued non bailable warrant. The court below, after continuous issuance of warrant against the petitioner, has transferred the above said case to register of long pending cases and it is now pending as L.P. No. 01/2006 before that court. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against him, he apprehends that he is likely to be remanded and his 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 he surrenders, his bail application will not be considered on the same day and he will be remanded to custody.