IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES WEDNESDAY, THE 20TH SEPTEMBER 2006 / 29TH BHADRA 1928 Bail Appl..No. 5690 of 2006 ----------------------------- AGAINST THE ORDER IN CP.41/2005 IN LP.42/2006 of J.M.F.C.,NILAMBUR CRIME NO.29/2006 OF NILAMBUR EXCISE RANGE .................... PETITIONER/ACCUSED: ------------------------------------ SHIJU AUUSTINE, S/O. AUGUSTINE, KOLLAM KUNNEL, MUTHUKADU, PERAMBRA, KOZHIKODE. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENTS: COMPLAINANTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSEOCUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE, NILAMBUR, MALAPPURAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/09/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5690/2006 ------------------ DATED THIS THE 20TH DAY OF SEPTEMBER, 2006 O R D E R The petitioner is before this Court, under Section 438 Cr.P.C., as he apprehend arrest in L.P.No.42/2006 in C.P.No.41/2005, on the file of the Judicial Magistrate of First Class, Nilambur, for the offence punishable under Section 55(a) of the Abkari Act. 2. Considering the facts that are placed before me, I direct the petitioner to to surrender before the Judicial Magistrate of First Class, Nilambur, on 28.9.2006 at 11.00 a.m., and move an application for bail. 3. 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 that Court for facing the trial. The application is disposed of as above. J.M.JAMES JUDGE mrcs