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High CourtsDivision Bench(2010) 08 KL CK 0278

Mc Dowell and Company Limited and Sumithra Bhai vs The State of Kerala, The Commissioner of Excise and The Circle Inspector of Excise

High Court Of Kerala · Decided on 12 August 2010

HON’BLE JUDGES
V. Ramkumar, J · T.R. Ramachandran Nair, J
CASE NUMBER
O.P. No. 24872 of 2002 (J) and Criminal MC. No. 3203 of 2010

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Judgment

3 paragraphs · 176 words
1.

Petitioner, who is the accused in C.R. No. 38/2008 of Hosdurg Excise Range for offences punishable under Sections 55(a) of the Abkari Act and whose case is now pending before the J.F.C.M-II, Hosdurg as C.P. No. 118/2010 seeks a direction to the said Magistrate to release the petitioner on bail on the date of her surrender itself.

2.

Admittedly, non-bailable warrants of arrest are pending against the petitioner. The circumstances under which those non-bailable warrants of arrest came to be issued against the petitioner are not discernible to this Court. It is only proper that the petitioner surrenders before the learned Magistrate and seeks regular bail.

Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, her bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants against her.