IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 Crl.MC.No. 4746 of 2010() ------------------------------------- CP.NO.73/2009 OF JUDL. FIRST CLASS MAGISTRATE COURT-II, ATTINGAL. CRIME NO.316/2008 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ..................... PETITIONER/ACCUSED NO.2 ------------------------------------------- AJITH KUMAR, S/O. SURENDRAN, T.C.37/1820, VALLAKKADAVU DESOM, PERUMTHANI VILLAGE, THIRUVANANTHAPURAM DIST. BY SRI.C.C.THOMAS, SENIOR ADVOCATE, ADV. SRI.NIREESH MATHEW. RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DIST. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, THIRUVANANTHAPURAM RURAL. (BOTH REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.) R1 & R2 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4746 of 2010 -------------------------- ORDER Petitioner is the second accused in C.P.No. 73/2009 on the file of Judicial First Class Magistrate's Court-II, Attingal, taken cognizance for the offences under Section 279 of Indian Penal Code and Section 55(a) read with Section 10 of Abkari Act on Annexure-A final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that the only allegation against him is that he is the registered owner of the vehicle and there is no other material to connect petitioner with the offences alleged and even if it is taken that transportation of toddy was with the knowledge of the petitioner, it would only attract an offence under Section 63 of Abkari Act, for violation of Section 10 of the Act and in such circumstances, the case is to be quashed. CRMC 4746/10 2 2. Learned senior counsel appearing for the petitioner and learned Public prosecutor were heard. 3. Learned senior counsel submitted that petitioner may be permitted to raise all the contentions before Sessions Court and seek an order of discharge. It is submitted that as petitioner could not appear on the last posting day, non bailable warrant was issued and the case now stands posted to 17.12.2010 and a direction be issued to release the petitioner on bail. Learned senior counsel also pointed out that first accused appeared and was already released on bail. 4. In such circumstances, I do not find any reasonable basis for the apprehension of the petitioner that he will not be released on bail, even though he did not appear on the last posting day, as and when he appears before the learned Magistrate. As first accused has already appeared, learned Magistrate is to commit the case to the CRMC 4746/10 3 Sessions Court on the appearance of the petitioner, without delay. If petitioner appears and files an application for bail, learned Magistrate to pass appropriate order in accordance with law, considering the fact that first accused has already appeared and was released on bail. Petition is allowed. Judicial First Class Magistrate-II, Attingal is directed to commit the case on the appearance of the petitioner on the next posting day. Petitioner is at liberty to apply to release him on bail. Petitioner is at liberty to raise all the contentions raised herein and seek an order of discharge under Section 227 of Code of Criminal Procedure before Sessions Court. 15th December, 2010 (M.Sasidharan Nambiar, Judge) tkv