IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1399 of 2011() ------------------------------------ CP.NO. 56/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGODE CR NO.46 OF KASARAGODE EXCISE RANGE .................... PETITIONER(S): 2ND ACCUSED ---------------------------------------------- HARISH, S/O.SHEKARA, MAJAL HOUSE, HOSANGADI, MANJESHWAR P.O, KASARAGODE. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------ 1. THE EXCISE INSPECTOR, KASARAGODE EXCISE RANGE. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1399 of 2011 --------------------------------------- Dated this 24th day of May, 2011 ORDER Petitioner is the second accused in C.R.No.46 of 2009 of Kasaragode Excise Range Office and C.P.No.56 of 2011 of the Court of learned Judicial First Class Magistrate-I, Kasaragode for offence punishable under Sec.55(a) of the Abkari Act. Prosecution case is that on 19.11.2009 at about 7p.m the first respondent intercepted a car and seized 2064 bottles of Indian Made Foreign LIquor. The (alleged) registered owner of the car who was driving it stated that the car belonged to the petitioner. According to the petitioner, he has been implicated as second accused in the case only for that reason. The prayer is to direct learned Judicial First Class Magistrate to release petitioner on bail on his surrender in the event of his arrest. 2. In the light of the decision of the Supreme Court in T.G.N.Kumar Vs. State of Kerala (2011(1) KHC 142) no such direction could be granted. It is for the learned Magistrate to decide whether petitioner could be released on bail or not having regard to the facts and circumstances of the case. But it is directed that in case any application for bail is filed by the Crl.M.C.No.1399 of 2011 -: 2 :- petitioner, the same shall be disposed of as early as possible. This criminal miscellaneous case is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-