IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2496 of 2009() ----------------------------- EXCISE CRIME NO.51/08 OF PATHANAMTHITTA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- BINU @ VINU,AGED 35 YEARS, S/O.VASUDEVAN,PUTHENPARAMBIL HOUSE, MEZHUVELI MURI & VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE EXCISE INSPECTOR,PATHANAMTHITTA EXCISE RANGE. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2496 of 2009 ----------------------------------------- Dated this the 12th May, 2009 O R D E R This is a petition for regular bail filed under Section 439 of the Code of Criminal Procedure. 2. Petitioner is the accused in Crime No.61/08 of Pathanamthitta Excise Range, alleging commission of offence under Section 55(a) of the Abkari Act. The case of the prosecution is that on 31.7.2008 at 9 pm, the petitioner was found possessing 70 litres of illicit spirit in two plastic kannas in course of transit at Karamveli – Edaparakavu Road. He was arrested in connection with the crime on 7.4.2009 and since then he has been in judicial custody. 3. When the matter is taken up today, learned Public Prosecutor submitted that final report in this case has already been laid before the Judicial First Class Magistrate Court-I, Pathanamthitta. If that be so, I think the petitioner can BA.2496/09 2 approach that court and move for regular bail. Accordingly, this petition is dismissed with liberty to move before the competent court for bail. C.T.RAVIKUMAR, JUDGE vgs.