IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Crl.MC.No. 966 of 2008() ------------------------ CP.114/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, PUNALUR .................... PETITIONER: IST ACCUSED ----------------------- SAJU,S/O.REMANAN MANGALATHU VEEDU, URUKUNNU MURI, EDAMON VILLAGE, PATHANAPURAM TALUK, PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.A.SANIL KUMAR RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE EXCISE RANGE INSPECTOR, PATHANAPURAM EXCISE RANGE PUNALUR, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR K.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR,J. ========================= CRL.M.C. NO. 966 OF 2008 ========================= Dated this the 11th day of March 2008 JUDGMENT Petitioner, who claims to be the registered owner of a jeep bearing Reg.No.KL-2E 8825, is the first accused in C.R.105/2004 of Pathanapuram Excise Range alleging commission of offences punishable under Sections 8(2) and 67B of the Abkari Act. He seeks a direction to the JFCM I Punalur to release him on bail. The case is now pending before the said Magistrate as C.P.114/2007. 2. The petitioner has a case that he has been falsely implicated at a later stage of the investigation without any material against him. The said contention will have to be considered by the Sessions Judge at the appropriate stage of preliminary hearing under Section 227 of the Cr.P.C. The only course now open to the petitioner is to surrender before the committal Magistrate and seek bail. 3. This petition is accordingly disposed of permitting the petitioner to surrender before the JFCM I, Punalur and file an CRMC 966/2008 2 application for bail within two weeks from today. In case the petitioner surrenders before the Magistrate and applies for bail, the Magistrate shall consider and dispose of his bail application preferably on the same day which the said application is filed. V.RAMKUMAR, JUDGE css/