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. 1590 of 2009() -------------------------------- CP.271/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD CRIME NO.748/2008 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- NAVEEN, S/O.KRISHNAN, VEPPUGIRI, R.D.NAGAR, KUDLU VILLAGE, KASARAGOD BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR 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. 1590 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 accused in Crime No.748/2008 of Kasaragod Police Station for the offence under section 55(a) of Abkari Act. The allegation is that the petitioner was found in possession of 2.625 litres of Indian Made Foreign Liquor and 5 litres of spirit. Now investigation is over and the case is pending as C.P.271/2008 before the Judicial First Class Magistrate, Kasaragod. 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