IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES WEDNESDAY, THE 13TH SEPTEMBER 2006 / 22ND BHADRA 1928 Bail Appl..No. 5366 of 2006 ----------------------------- AGAINST THE ORDER IN LP.225/2006 IN CP.31/2006 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.948/2004 OF KOTTARAKKARA POLICE STATION .................... PETITIONERS ---------------------------- 1. ANILKUMAR, S/O.RAMAKRISHNAN, CHAVARU PARAKIZHAKE VILA VEEDU, CHEPRA MURI, VELIYAM VILLAGE, KOTTARAKKARA TALUK. 2. VINOD, S/O.KESAVAN PILLAI, PUTHENVILA VEEDU, VILANGARA MURI, UMMANNOOR VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.M.V.THAMBAN SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE, KOTTARAKKARA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/09/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5366/2006 ------------------ DATED THIS THE 13TH DAY OF SEPTEMBER, 2006 O R D E R The petitioners are before this Court, under Section 438 Cr.P.C, as they apprehend arrest, consequent on the non bailable warrant, issued by the Judicial Magistrate of First Class-I, Kottarakkara, in L.P.No.225/2006, as they were absconding while C.P.No.31/2006 was taken up for consideration. 2. It is alleged that the petitioners were found in illegal possession of three liters of illicit arrack by the Kottarakkara Police Station authorities, who registered crime No.948/2004 of that police station, under Section 55(a) and (i) as well as 8(1) & (2) of the Abkari Act. 3. In the light of the facts that are placed before me, I direct the petitioners to surrender before the Judicial Magistrate of First Class-I, Kottarakkara, and the learned Magistrate shall allow the petitioners to be B.A.5366/2006 2 on bail, imposing such conditions, as are deemed necessary, so that the petitioners would be available, for facing the trial. The application is disposed of as above. J.M.JAMES JUDGE mrcs