IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 15TH MAY 2009 / 25TH VAISAKHA 1931 Crl.MC.No. 1580 of 2009() ------------------------- CRIME NO. 226/02 OF PATHANAPURAM POLICE STATION LP.36/2004 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER(S): ACCUSED ---------------------- BIJU KUMAR.T. @ UNNI, S/O.THANKAPPAN PILLAI, PUTHUVEETTIL PUTHEN VEEDU, PIDAVOOR VILLAGE, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLICE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J ------------------------------------ Crl.M.C No.1580 of 2009 ------------------------------------- Dated this the 15th day of May, 2009 O R D E R Heard both sides. Public Prosecutor has no objection. This petition under Section 482 Cr.P.C is filed by the accused in Crime No.226 of 2002 of Pathanapuram Police Station alleging the commission of offence under Section 55(a) of Abkari Act. The allegation is that some spirit belonging to the petitioner was seized from a bamboo forest adjacent to the bank of Kallada river. Investigation is over and now the case is pending before Judicial Magistrate of the First Class-III, Punalur as L.P.No.36 of 2004 and non bailable warrant is pending against the petitioner. 2. Since the petitioner is willing to surrender and face trial, practically no purpose will be served by sending the petitioner to jail. Hence this petition is allowed. The petitioner is directed to surrender before the trial court on or before 10.07.2009. On such surrender, the learned Magistrate may allow the petitioner to go on bail. While releasing the petitioner on bail the learned Magistrate may impose suitable conditions. M.L.JOSEPH FRANCIS JUDGE rtr/-