IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Crl.MC.No. 1532 of 2009() -------------------------------- CP.11/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA O.R.NO.67/2008 OF THIRUVALLA EXCISE RANGE .................... PETITIONER/ACCUSED : ---------------------------- MONIYAPPAN, AGED 37, S/O. VASU, VALLYARAYIL HOUSE, THEKKUMBHAGOM MURI, NIRANAM VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.P.HARIDAS RESPONDENTS/STATE AND COMPLAINANT : ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, THIRUVALLA RANGE. PUBLIC PROSECUTOR SRI.T.B.HOOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. ------------------------------------------------- Crl.M.C. No.1532 OF 2009 -------------------------------------------------- Dated this the 12th day of May, 2009 O R D E R Heard both sides. This petition under section 482 of Code of Criminal Procedure is filed by the accused in O.R.67/2008 of Excise Range, Thiruvalla under section 8(2) of Abkari Act. The allegation is that the petitioner was found in possession of 1½ litres of arrack. Now the investigation is over and case is pending as C.P.11/2009 before Judicial First Class Magistrate, Thiruvalla. Therefore arrest and detention of the petitioner is not required for interrogation. Hence this petition is allowed. The petitioner is directed to surrender before that court on or before 10.7.2009. On such surrender the learned Magistrate may allow the petitioner to go on bail. While releasing the petitioner on bail the learned Magistrate may impose suitable conditions. M.L. JOSEPH FRANCIS, JUDGE. okb