IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 9TH OCTOBER 2006 / 17TH ASWINA 1928 Bail Appl..No. 6021 of 2006 ----------------------------- CP.148/2006 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.204/2004 OF POOYAPPALLY POLICE STATION .................... PETITIONER/2ND ACCUSED --------------------------------------- MOHANAN NAIR @ THORAPPAN, S/O.KESAVAN NAIR, ASHA BHAVANAM, MAVILA KIZHAKKEKARA, VELIYAM, KOTTARAKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/10/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 6021/2006 ------------------ DATED THIS THE 9TH DAY OF OCTOBER, 2006 O R D E R The learned counsel for the petitioner submits that the petitioner is a handicapped person and he was not involved in the offence. The learned Public Prosecutor submits that the investigation is complete in crime No.204/2004 of Pooyappally Police Station, and the petitioner was absconding. The offence alleged against him is under Section 8(1) and (2) of the Abkari Act, as he was found in illegal possession of 35 litres of illicit arrack. The matter is now pending as C.P.No.148/2006 on the file of the Judicial Magistrate of First Class-II, Kottarakkara. 2. In the above facts situation, I direct the petitioner to surrender before the Judicial Magistrate of First Class-II, Kottarakkara, on 16.10.2006 at 11.00 a.m. 3. The learned Magistrate shall allow the B.A.6021/2006 2 petitioner to be on bail, imposing such conditions, as are deemed necessary. The application is disposed of as above. J.M.JAMES mrcs JUDGE