IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Crl.MC.No. 340 of 2011() ----------------------------- CP.106/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA IN CRIME NO.669/2009 OF VARKALA POLICE STATION .................... PETITIONER(S): ACCUSED: -------------------------------- RAJENDRAN, S/O.REGUNATHAN, AGED 45 YEARS VADASSERRY KONAM, KANAVILA VEETTIL, OTTOOR VILLAGE. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S):STATE ---------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J.MOHEMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.340 of 2011 --------------------------------------- Dated this 03rd day of February, 2011 ORDER Petitioner is accused in Crime No.669 of 2009 of Varkala Police Station and C.P.No.106 of 2010 of the court of learned Judicial First Class Magistrate, Varkala facing charge for offence punishable under Sec.55(i) of the Abkari Act. It is alleged that petitioner sold Indian Made Foreign Liquor in the restaurant run by him without authority. He was served with Annexure-B, summons to appear on 06.02.2011. He says, he is prepared to comply with that direction. But he apprehends that he might be remanded to judicial custody. He therefore seeks a direction to the learned Magistrate to enlarge him on bail in the light of the decision in Sreekumar Vs. State of Kerala (2008(3) KLT 748). I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. I am afraid, no such direction can be issued by this court in the light of the decision in Martin Vs. State of Kerala (2004(2) KLT 1037). It is for the learned Magistrate to decide whether on the facts of the case and the law declared by the superior courts petitioner could be released on bail. I make it Crl.M.C.No.340 of 2011 -: 2 :- clear that it is open to the petitioner to file appropriate application and if any such application is preferred learned Magistrate shall decide that application in accordance with law, as early as possible. This criminal miscellaneous case is disposed of with the above observation. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P. A to Judge