IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 31ST AUGUST 2009 / 9TH BHADRA 1931 Bail Appl..No. 4998 of 2009() -------------------------------------- CR NO.151/2009 OF KUTHUPARAMBA POLICE STATION, KANNUR .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- NIRANJANAKSHA.B., AGED 29 YEARS,S/O.ANANDAN,THODIKANA HOUSE, SULLYA TALUK,DAKSHINA KARNATAKA DISTRICT, KARNATAKA STATE. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS/ COMPLAINANT/STATE: ---------------------------------------------------------- 1. STATE-REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.151/2009 OF KUTHUPARAMBA POLICE STATION), KANNUR DISTRICT. SRI. GIKKU JACOB, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. -------------------------------------------------- Bail Application No. 4998 of 2009 ---------------------------------------------------- Dated this the 31th day of August, 2009. ORDER This is an application for regular bail moved by the 1st accused in Crime No. 151 of 2009 of Kuthuparamba Police Station in which the offences involved are 55(a) and 65 of the Abkari Act. 2. The allegation is that 7 cans of spirit were recovered from a car on 25.05.2009 which belong to the petitioner. According to the petitioner, the car from where the contraband articles were seized, was stolen from his courtyard on 29.05.2009. According to the learned counsel for the petitioner, the investigation is not so far completed and after his arrest 80 days are over and according to him, he is entitled to get the statutory bail. 3. The competent court to consider the claim under Section 167(2) is the Magistrate Court concerned. The petitioner is free to move the concerned Magistrate court. With the above observation, this petition is disposed of. V. K.MOHANAN, J. rv