IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Crl.MC.No. 3969 of 2011() ------------------------- CRIME NO.343/2010 OF KANAKAKUNNU POLICE STATION CP.NO.117/2011 OF JUDL.MAGISTRATE OF FIRST CLASS, HARIPAD ......................... PETITIONER(S): ACCUSED ---------------------- BHADRAN, AGED 38 YEARS, S/O CHELLAPPAN, MADATHIL VADAKETHIL, MUTHUKULAM NORTH, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. N.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3969 OF 2011 ( ) ------------------------------------------ Dated this the 21st day of November, 2011 O R D E R The petitioner is the accused in Crime No:343/2010 of Kanakakunnu Police Station. It is now reported to be pending as C.P.No: 117/2011. The offence alleged against him is under section 8(1) r/w 8(2) of Kerala Abkari Act. It was alleged that he was found in possession of 5 litres of arrack, kept for the purpose of sale. The learned counsel for the petitioner submits that the petitioner is ready to surrender before Court, in which case his application for bail may be directed to be disposed of on the same day. No such direction can be issued in the light of the decision of the Division Bench in Martin Vs. State of Kerala 2004 (3) KLT 1037. Crl. M.C. No: 3969 OF 2011 ( ) -2- The incident took place on 31.12.2010, as is stated in the petition. Section 8(2) is an offence triable by Court of Sessions. He did not surrender before Court so far. When the accused surrenders before the Court, the learned Magistrate will dispose of the application as expeditiously as possible. But it is made clear that there is no direction as to how the bail application is to be disposed of. It should be disposed of only in accordance with law. N.K. BALAKRISHNAN, JUDGE jjj