IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 16TH OCTOBER 2006 / 24TH ASWINA 1928 Bail Appl..No. 6139 of 2006 ----------------------------- CP.64/2006 of J.M.F.C.-I,THAMARASSERY CRIME NO.16/2003 OF THAMARASSERY EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- TOMYCHAN, S/O.JOSEPH, PUNHAYIL HOUSE, KATTIPPARA P.O., KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. THE RANGE OFFICER, EXCISE RANGE, THAMARASSERY. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/10/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 6139/2006 ------------------ DATED THIS THE 16TH DAY OF OCTOBER, 2006 O R D E R The petitioner is before this Court, under Section 438 Cr.P.C, as he apprehends arrest, for the offence punishable under Section 55(a) of the Abkari Act, in C.R.No.16/2003 of Thamarassery Excise Range. 2. It is submitted by the learned Public Prosecutor that the investigation is complete and the matter is now pending as C.P.No. 64/2006 on the file of the Judicial Magistrate of First Class-I, Thamarassery. 3. In the above facts situation, I direct the petitioner to appear before the Court below on 20.10.2006 at 11.00 a.m., and move an application for bail. 4. The learned Magistrate shall allow the petitioner to be on bail, on imposing such conditions as are deemed necessary, so that the petitioner would be available before that Court, during the trial. The application is disposed of as above. J.M.JAMES JUDGE mrcs