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. 2915 of 2009() ------------------------- CRIME NO.282/2006 OF POYAPALLY POLICE STATION, KOLLAM CP.37/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER(S): ACCUSED NO.2 --------------- KAMALAN ACHARY @ KAMALAN S/O RAMAN ACHARY VILAYIL VEEDU, CHEKARAKONATH MUTTARA MURI ODANAVATTOM VILLAGE BY ADV. SRI.PREMCHAND R.NAIR SRIBEPIN PAUL RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, POOYAPALLY POLICE STATION REP . THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA BY PUBLIC PROSECUTR 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. 2915 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 second accused in Crime No. 292/2006 of Poyapally Police Station now pending as C.P.No.37/2009 before the Judicial First Class Magistrate Court III, Kottarakkara. 2. The allegation against the petitioner is that he along with the first accused stored wash and found distilling the same and prepared arrack for the purpose of sale and that thereby committed offence punishable under Section 55 (g) and 8(i) of Abkari Act. Investigation in the case is completed and the case is now in the committal stage and is pending before the Judical 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 Crl.M.C.No. 2915/2009 2 of his surrender itself. 4. Notice given to Public Prosecutor. Heard. He has no objection. Hence the petition is 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. 2915/2009 2