IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 11TH SEPTEMBER 2006 / 20TH BHADRA 1928 Bail Appl..No. 5471 of 2006 ----------------------------- CRIME NO.244/2004 OF KOIPURAM POLICE STATION PETITIONER/ACCUSED ----------------------------------- K.P.DEVARAJAN, AGED 39 YEARS, S/O.K.K.PARAMESWARAN, KODUVANTHARAYIL HOUE, PURAMATTOM VILLAGE, THEKKEKARA MURI, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, KOIPURAM POLICE STATION. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR K. RAVIKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/09/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5471/2006 ------------------ DATED THIS THE 11TH DAY OF SEPTEMBER, 2006 O R D E R The petitioner is before this Court, under Section 438 Cr.P.C., as he apprehends arrest in crime No.244/2004 of Koipuram Police Station, for the offence punishable under Section 55(i) of the Abkari Act. 2. The prosecution submits that the investigation is complete and the matter is now pending as C.P.No.46/2006, on the file of the Judicial Magistrate of First Class-II, Pathanamthitta. 3. In the above facts situation of the case, I direct the petitioner to appear before the Judicial Magistrate of First Class-II, Pathanamthitta, on 18.9.2006 at 11.00 a.m. 4. The learned Magistrate shall allow the petitioner to be on bail, imposing such conditions, as are deemed necessary, so that the petitioner would be available before the Court below, for facing the trial. The application is disposed of as above. J.M.JAMES JUDGE mrcs 2