IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Crl.MC.No. 2762 of 2011() ------------------------------------ CRIME NO.117/2011 OF KUTTAMPUZHA POLICE STATION, ERNAKULAM DISTRICT ---------------------------------- PETITIONER(S): 2ND ACCUSED ----------------------------------------------- BENOY K.J., AGED 25, S/O. JOSE, KOCHERRY HOUSE, VADATTUPARA DESOM, KUTTAMPUZHA PANCHAYATH, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.THIYYANNOOR RAMAKRISHNAN SRI.ARUN KUMAR.P SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE STATION, ERNAKULAM DIST., PIN-686 691. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R1 & R2 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2762/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE FIR IN CRIME NO.117 OF 2011 OF KUTTAMPUZHA POLICE STATION DATED 15/07/2011. ANNEX 1(A) COPY OF THE ENGLISH TRANSLATION OF ANNEXURE 1 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2762 of 2011 ----------------------------------- Dated this the 31st day of August 2011 O R D E R Accused No.2 in Crime No.117 of 2011 of Kuttampuzha Police Station is the petitioner. The crime was registered under Sec.55(a) of Abkari Act. The allegation is that he was a passenger in an autorickshaw driven by A1. When the police was attempting to intercept the petitioner (A2) got down from the autorickshaw and ran away. A1 was arrested. The contrabands were seized. The record shows that the petitioner herein was arrayed as accused No.2 on the information given by A1 as to who was the person who ran away from the autorickshaw. The case is under investigation. The investigation is only at the preliminary stage. Hence the request to quash F.I.R. cannot be entertained. 2. The learned counsel for the petitioner makes a Crl.M.C. No.2762 of 2011 -: 2 :- fervent request that if the accused surrenders before the Magistrate and when the bail application is filed, the learned Magistrate may be directed to consider the bail application and to grant him bail. The court cannot overlook the provision contained in Sec.41A of Abkari Act. If the petitioner is so advised he may have to move the court for getting bail either under Sec.437 or under Sec.438 as the case may be. Hence, that request also cannot be allowed. This Crl.M.C. is hence dismissed with the observations as mentioned above. N.K.BALAKRISHNAN, JUDGE. Jvt