IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Crl.MC.No. 1735 of 2009 --------------------------------- (CRIME NO. 40/2009 OF ARYANAD EXCISE RANGE) ........ PETITIONER/ 2ND ACCUSED: ------------------------------------------ SUDARSANAN @ KURNEES, S/O.SREEDARA PANICKER, ROADARIKATHUVEEDU CHAPATHU PUTHARAMCODE, MANNOORKARA VILLAGE, MANNOORKARAMURI. BY ADVS. MR.M.R.SARIN, MR.M.R.SASITH. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1735 of 2009 ================== Dated this the 3rd day of June, 2009. O R D E R Petitioner is the accused in Crime No.40/2009 of Aryanad Excise Range. The case is under investigation. This petition is filed for a direction to the Magistrate to pass orders on the bail application on the date of its filing. When a bail application in an Abkari Act is filed, the Magistrate cannot be expected to pass orders in the application without hearing the Prosecutor. Prosecutor cannot submit anything to the Court without getting instructions. Hence no direction could be granted to the Magistrate to pass orders in the bail application to be filed at the investigation stage on the date of filing itself. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr