IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1460 of 2009() ------------------------- CRIME NO.47/2003 OF PAYYANNUR POLICE STATION SC NO.785/2005 OF ADDL. SESSIONS COURT( ADHOC - II), THALASSERY PETITIONER(S): ACCUSED NO.3 --------------------------- K.V. PRAKASAN, AGED 30 YEARS, S/O. KORAN.P.P, KAKKAMPARA, VIA VENGARA, P.O. PALAKKAD. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = Crl.M.C. No.1460 of 2009 = = = = = = = = = = = = = = = = Dated: 30.04.2009 ORDER Petitioner, who was the 3rd accused in Crime No.47 of 2003 of Payyannur Police Station for an offence punishable under Section 8 (2) of the Kerala Abkari Act and whose case was split up and refiled as S.C.No.785 of 2005 on the file of the Additional Sessions Court(Adhoc II), Thalassery seeks to quash all further proceedings before the said Court. 2. Admittedly, accused Nos.1 and 2 have been convicted by the Additional Sessions Court(Adhoc-II), Thalassery. It is too early to accept the petitioner's contention that he had absolutely no role to play with regard to the 24 litres of arrack seized in this case. The remedy of the petitioner is to surrender before the Additional Sessions Judge (Adhoc I), Thalassery. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Addl.Sessions Judge(Ad hoc-II), Thalassery and file an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants, if any, against him. The petitioner shall also be entitled to plead for a discharge. Dated this the 30th day of April, 2009 V. RAMKUMAR, (JUDGE) sj