IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES WEDNESDAY, THE 8TH NOVEMBER 2006 / 17TH KARTHIKA 1928 Bail Appl..No. 6536 of 2006() ----------------------------- CRIME NO.251/1998 OF EZHUKON POLICE STATION CP.42/1999 of J.M.F.C.-I,KOTTARAKKARA .................... PETITIONER/ACCUSED (A3): ---------------- LIVEN RAJ, S/O. RAJAPPAN, PLAVILA VEEDU (VIMAL), KARUVELIL MURI, EZHUKON VILLAGE, KOTTARAKKARA (NOW AT POST BOX NO.44145, ABU DHABI, UNITED ARAB EMIRATES. BY ADV. SRI.D.JAYACHANDRAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. - - - - - - - - - - - - - - - - - - - - B.A. No. 6536 of 2006 - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of November, 2006 O R D E R The petitioner is accused of the offence punishable under Section 55(a) and (i) of the Abkari Act in Crime No.251/1998 of Ezhukon Police Station. The allegation is that, at the instance of the petitioner, accused Nos.1 and 2 had stored spirit in the house of one Udayan. However, this has been denied by the counsel. The investigation is complete and the matter is pending as C.P.No.42/1999, on the file of Judicial Magistrate of the First Class-I, Kottarakkara. The petitioner is before this Court for a pre-arrest order. 2. In the above fact situation, I direct the petitioner to surrender before the court below, on 16/11/2006 at 11 a.m. 3. On the surrender of the petitioner, the learned Magistrate shall allow him to be on bail, on imposing such conditions, which are deemed necessary. (J.M.JAMES) Judge ms