IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Crl.MC.No. 1319 of 2011() ------------------------- IN LP 65/2010 IN CP.231/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER/ACCUSED ---------------------- BIJU, S/O.SIVADASAN, VISHNU BHAVANAM, MEENATHU MURI, VALLIKUNNAM VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR, SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. --------------------------------- Crl.M.C.No.1319 OF 2011 ----------------------------------- Dated this the 3rd day of May, 2011 O R D E R ~~~~~~~ In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is an accused in C.P.231/2009 now pending as L.P.No.65/2010 for offence under Section 8(1) &(2) of Abkari Act, seeks to issue a direction to the Judicial Magistrate of First Class-II, Karunagappally to consider his application for bail and to release him on the date of his surrender. 2. Having heard either side, I find that the petitioner is an absconding accused. According to the learned counsel, in the event the petitioner surrenders before the committal court, he would be remanded to the judicial custody. I find no basis for the apprehension. I find that this petition can be disposed of with liberty to the petitioner to move the committal court for bail. On such application, the Magistrate shall dispose of the same, in case due notice was given to the Public Prosecutor, at the earliest, if possible, on the same day itself. (P.S.GOPINATHAN, JUDGE) ps