IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 31ST AUGUST 2006 / 9TH BHADRA 1928 Bail Appl..No. 5359 of 2006 ----------------------------- CRIME NO.57/2006 OF KONNI POLICE STATION PETITIONER/ACCUSED ----------------------------------- VIJAYAN, S/O.KUTTAPPAN PANICKER, PALALI MANNIL VEETTIL, LEKSHAM VEEDU COLONY, KONNI THAZHAM VILLAGE, KONNI. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KONNI POLICE STATION, KONNI. BY PUBLIC PROSECUTOR K. RAVIKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5359/2006 ------------------ DATED THIS THE 31ST DAY OF AUGUST, 2006 O R D E R The petitioner is the accused, in crime No.57/2006 of Konni police Station, for the offence punishable under Section 8(1) & (2) of the Abkari Act. He was found in illegal possession of 4.5 liters of illicit arrack on 20.2.2006. Seeing the police party, he ran away, abandoning the contraband. He could not be arrested. Now he is before this court, under Section 438 Cr.P.C. 2. After hearing both sides and considering the facts that are placed before me, I direct the petitioner to surrender before the Investigating Officer, who is investigating crime No.57/2006 of Konni Police Station, on 11.9.2006. 3. The Investigating Officer shall interrogate the petitioner and produce him before the Court below and the learned Magistrate shall allow the petitioner to be on bail, imposing such conditions, as are deemed necessary, B.A.5359/2006 2 so that he would be available before the Court below, for the completion of the trial. The application is disposed of as above. J.M.JAMES JUDGE mrcs