IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 15TH MAY 2009 / 25TH VAISAKHA 1931 Crl.MC.No. 1554 of 2009() ------------------------- AGAINST THE ORDER IN CP. 304 /2005 IN LP.193/2006 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA CRIME NO. 400/02 OF EZHUKONE POLICE STATION .................... PETITIONER(S): 2ND ACCUSED -------------------------- RAJU, S/O. PARAMAN, 'DAKSHINE' HOUSE NO.275-B. EZHUKONE VILLAGE, KOTTARAKKARA, KOLLAM DIST. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REP. BY THE SUB INSPECTOR OF PLICE, EZHUKONE POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE CIRCLE INSPECTOR P OF POLICE, KOTTARAKKARA, KOLLAM DIST. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J ------------------------------------ Crl.M.C No.1554 of 2009 ------------------------------------- Dated this the 15th day of May, 2009 O R D E R Heard both sides. Public Prosecutor has no objection. This petition under Section 482 Cr.P.C is filed by the 2nd accused in Crime No.400 of 2002 of Ezhukone Police Station for offence under Section 8 (1) and (2) of Abkari Act. The allegation is that 4th accused was found selling arrack from the toddy shop at the instructions given by the petitioner who is a licencee. Investigation is over and the case is now pending before Judicial Magistrate of the First Class-I, Kottarakkara as L.P.No.193 of 2006 in C.P.No.304 of 2005. Non bailable warrant is pending against the petitioner. 2. Since the petitioner is willing to surrender and face trial, practically no purpose will be served by sending the petitioner to jail. Hence this petition is allowed. The petitioner is directed to surrender before the trial court on or before 10.07.2009. 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 rtr/-