IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1383 of 2009() ------------------------- CRMC.2110/2008 of SESSIONS COURT, WAYANAD .................... PETITIONER/ACCUSED NO.3: --------------- THOMAS ANTONY, S/O. ANTONY, AGED 40 YEARS, KULATHINGAL HOUSE, VARAYAL P.O., VIA THALAPUZHA, MANATHAVADY TALUK. BY ADV. SRI.ELDHO PAUL RESPONDENTS/COMPLAINANT: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE EXCISE INSPECTOR, MANANTHAVADY EXCISE RANGE, MANANTHAVADY. PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1383 OF 2009 () ----------------------------------- Dated this the 28th day of April, 2009 O R D E R Petition is filed under Section 482 of the Cr.P.C. Petitioner is one among the accused (A3) in an Abkari offence filed under Section 55(a) of the Kerala Abkari Act, for short the 'Act', on a charge filed by the Excise Inspector, Mananthavady Excise Range, before the court. At present, the warrant issued by the Judicial First Class Magistrate Court, Mananthavady, is pending against him and the petition is filed seeking a direction to the JFCM-I, Mananthavady, for releasing him on bail on the date of his surrender before that court, subject to such conditions as may deem fit and proper to the Magistrate. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. Having regard to the circumstances presented that a charge has already been laid CRL.M.C.1383/09 2 in the case, after completion of the investigation, indicating prima facie that a judicial custody of the petitioner, on his appearance before the court, may not be required, there will be a direction to the learned Magistrate to hear and dispose the bail application, if any, moved by the petitioner preferably on the date of his surrender itself, provided, he appears before that court within one week from the date of this order. The Magistrate shall hear and dispose the bail application on its merits. Criminal M.C. is disposed of as indicated above. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009