IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7761 of 2008() ------------------------------------- CRIME NO.90/99 OF CHENGANNUR POLICE STATION NOW PENDING BEFORE THE ASST. SESSIONS JUDGE, CHENGANNUR IN S.C. NO.73/2004 NOW REFILED AS S.C. NO.74/2008. PETITIONER/1ST ACCUSED : --------------------------------------------- MOBIN @ THOMAS MATHEW, S/O. MATHEW, PAZHAYA PEEDIKAYIL, UMAYATTUKARA MURI, THIRUVANMANDOOR VILLAGE, CHENGANNUR. BY ADV. SMT.A.SALINI LAL RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7761 OF 2008 ------------------------------ Dated this the 6th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Section 55(a) and (i) of the Abkari Act. According to prosecution, petitioner along with two other accused was found in possession of 1220 litres of spirit and they attempted to transport the same in an autorickshaw. The incident occurred on 06.03.1999. 3. The petitioner was on bail during trial stage. According to learned counsel for petitioner, he went to gulf in connection with his employment and he came to know that warrant was issued against him and hence he surrendered before the court and he was remanded. He is prepared to co- operate with the trial. He may be granted bail, it is submitted. 4. This is the second application for bail. The earlier application was dismissed as per order dated 24.11.2008 in B.A.No.7163 of 2008 with a direction to the learned Assistant Sessions Judge to dispose of the case within one month from today. Learned Assistant Sessions judge requested for B.A.No.7761 of 2008 2 extension of time and it was granted and the date for disposal of the case is 15.01.2009. Learned counsel for petitioner submitted that accused nos.2 and 3 were acquitted by the trail court. At this stage of trial, I do not think it proper to grant bail, especially without knowing the merit of the case. In the circumstances, the following direction is issued. Petitioner may, if so advised, file an application for bail before the trial court itself, in which event depending upon the stage of the case and the merit, the petition shall be disposed of without delay. With this direction, the petition is dismissed. K.HEMA, JUDGE pac