IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.MC.No. 952 of 2011() ----------------------------------- CP.83/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER(S): ACCUSED -------------------------------------- PEETHAMBARAN, S/O.KUJIRAMAN, AGED 41, KADAPURATHERIL VEEDU, VARAVILA MURI, CLAPPANA VILLAGE, KOLLAM DIST. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): COMPLAINANT -------------------------------------------------- THE PREVENTIVE OFFICER, EXCISE OFFICE, KARUNAGAPPALLY, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.952 of 2011 --------------------------------------- Dated this 24th day of March, 2011 ORDER Petitioner is accused in C.R.No.201 of 2006 of Karunagappally Police Station and C.P.No.83 of 2010 of the Court of learned Judicial First Class Magistrate-I, Karunagappally for offences punishable under Sec.8(1) and (2) of the Abkari Act. Allegation is that on 22.10.2006 at about 11a.m petitioner was found in possession of 5.175 litres of arrack and on seeing the Excise party he fled from the scene. Learned Magistrate issued non bailable warrant to the petitioner and intiated proceedings under Secs.82 and 83 of the Code of Criminal Procedure. Petitioner says that he is ready to surrender but he is apprehensive of a remand and hence petitioner prayed for a direction to the learned Magistrate to dispose of the bail application on the date of surrender itself. I have heard learned Public Prosecutor also. 2. In the light of the decision of this Court in Martin Vs. State of Kerala (2004(2) KLT 1037) no such direction as prayed for could be given. But it is necessary that the application for bail preferred by the petitioner is disposed of as early as possible. Crl.M.C.No.952 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is disposed of directing learned Magistrate to dispose of the application for bail if presented by petitioner as early as possible. (THOMAS P JOSEPH, JUDGE) Sbna/-