IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7128 of 2009() ----------------------------- CP.36/2009 of J.M.F.C.-III,PALAKKAD CRIME NO.4/2009 OF PALAKKAD EXCISE RANGE. .................... PETITIONER/3RD ACCUSED: ------------------------------------------- ROBIN VARGHESE, S/O.BABU VARGHESE, KATTOOR VEEDU, IRAVIPERUR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SMT. M.K. PUSHPALATHA, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. Q. BARKATH ALI, J. ---------------------------------------- B.A.No.7128 of 2009 --------------------------------------- Dated this 01st day of January, 2010 ORDER This is a bail application filed by the accused in C.P.No.36 of 2009 on the file of Judicial First Class Magistrate, Palakkad. The allegation against the petitioner is that he along with accused Nos.1 and 2 found transporting 640 litres of spirit in a car bearing registration No.KL 31/A 3042. The investigation of this case is over and final report has been filed and the case is pending as C.P before the committed court. Therefore anticipatory bail application will not lie and the same is dismissed as not maintainable. However the petitioner is permitted to surrender before the committed court on or before 18-01-2010 and on such surrender the Magistrate shall consider his bail application on the date of surrender itself. Meanwhile the warrant issued against the petitioner shall be kept in abeyance. P. Q. BARKATH ALI, JUDGE Sbna/