IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Crl.MC.No. 1441 of 2009() -------------------------------- C.P.93/2008 OF JUDICIAL FIRST CLASS MAGISTRATE, THIRUVALLA CR.NO.25/2007 OF MALLAPPALLY EXCISE RANGE PETITIONER/ACCUSED NO.2 : ------------------------------------ SANOSH,S/O. SADANANDAN,MUNGAM KAVUNGAL HOUSE, EZHUMATTOOR KARA, EZHUMATTOOR VILLAGE, MULLAPPALLY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.SRI.T.B.HOOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. ------------------------------------------------- Crl.M.C. No. 1441 OF 2009 -------------------------------------------------- Dated this the 12th day of May, 2009 O R D E R Heard both sides. This petition under section 482 of Code of Criminal Procedure is filed by the second accused in C.R.No.25/2007 of Mallappally Excise Range alleging offence under section 55(a) and 67(b) of Abkari Act. The allegation is that the first accused transported 10 litres of spirit in a Tata Sumo belonging to the petitioner. Now investigation is over and the case is pending before Judicial First Class Magistrate, Thiruvalla as C.P.93/2008. Therefore arrest and detention of the petitioner is not required for interrogation. Hence this petition is allowed. The petitioner is directed to surrender before that court on or before 10.7.2009. 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. okb