IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 31ST AUGUST 2009 / 9TH BHADRA 1931 Crl.MC.No. 2917 of 2009() ------------------------- CRIME NO.81 OF 2006 OF CHADAYAMANGALAM EXCISE RANGE CP.108/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER(S): ACCUSED --------------- GOPALAKRISHNAN, S/O NEELAMBARAN, ROSE BHAVAN VAKKANAD, KAREEPRA VILLAGE, KOTTARAKKARA BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR CHADAYAMANGALAM EXCISE RANGE REP. THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.AMJATH ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2917 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2009 ORDER This is a petition under Section 482 of Cr.P.C. filed by the accused in Crime No. 81/2006 of Chadayamangalam Excise Range now pending as C.P.No.108/2008 before the Judicial First Class Magistrate Court II, Kottarakkara. 2. The allegation against the petitioner is that he was found selling the illicit arrack on August 22, 2006 and that thereby committed offence punishable under Section 8(1) and (2) of Abkari Act. Investigation in the case is completed and the case is now in the committal stage and is pending before the Judicial First Class Magistrate -II, Kottarakkara. 3. The grievance of the petitioner is that now warrant is pending against him and that in the event of his surrender before the Magistrate, he will be remanded to judicial custody. He prays that the Magistrate may be directed to consider his bail application on the date of surrender itself. Crl.M.C.No.2917/2009 2 Notice given to Public Prosecutor. Heard. Petition allowed. The petitioner shall surrender before the Judicial First Class Magistrate II, Kottarakkara on or before 14/09/2009. On such surrender, the Magistrate shall consider his application for bail and pass appropriate orders on the date of surrender itself . In the meanwhile, the warrant issued against him shall be kept in abeyance. P.Q.BARKATH ALI JUDGE sv. Crl.M.C.No.2917/2009 2 P.Q.BARKATH ALI JUDGE Crl.M.C.No.2917/2009 2 sv. Crl.M.C.No.2917/2009 2