IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES TUESDAY, THE 7TH NOVEMBER 2006 / 16TH KARTHIKA 1928 Bail Appl..No. 6549 of 2006() ----------------------------- C.R.NO.82/2006 OF SULTHAN BATHERY EXCISE RANGE PETITIONERS ------------------ 1. SUKUMARAN, S/O.NARAYANAN, OZHALAMOOLA HOUSE, MOOKUTHIKUNNU P.O., NOOLPUZHA VILLAGE, CHETTIALATHOOR, WAYANAD. 2. MANU, S/O.NARAYANAN, OZHALAMOOLA HOUSE, MOOKUTHIKUNNU P.O., NOOLPUZHA VILLAGE, CHETTIALATHOOR, WAYANAD. 3. PRATHEESH, S/O.PADMANABHAN, OZHALAMOOLA HOUSE, MOOKUTHIKUNNU P.O., NOOLPUZHA VILLAGE, CHETTIALATHOOR, WAYANAD. BY ADV. SRI.RAFFEEKH.K RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE PREVENTIVE OFFICER, SULTHAN BATHERY EXCISE RANGE, SULTHAN BATHERY, WAYANAD. BY PUBLIC PROSECUTOR, SRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. - - - - - - - - - - - - - - - - - - - - B.A. No. 6549 of 2006 - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of November, 2006 O R D E R The petitioners are accused Nos.3 to 5, in C.R.No.82/2006 of Sulthan Bathery Excise Range. They are before this Court for a pre-arrest order, as 500 litres of wash and other apparatus were detected from the place of occurrence by the Inspector of Sulthan Bathery Excise Range, on 24/09/2006. The offence alleged is under Section 55(g) of the Abkari Act. Accused Nos.1 and 2, were also arrested and they have disclosed the involvement of these petitioners. 2. After hearing the arguments advanced by the learned counsel for the petitioners and the learned Public Prosecutor, I direct the petitioners to surrender before the Investigating Officer, of the above case, on 14/11/2006, at 10 a.m. 3. The Investigating Officer shall interrogate the petitioners and, thereafter, produce them before the court below. B.A.No.6549/2006 2 4. The learned Magistrate, on production of the accused, shall hear both sides and pass appropriate orders, on merit, on the same day itself. (J.M.JAMES) Judge ms