IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Crl.MC.No. 1290 of 2011() ---------------- CRIME NO. 379/97 OF PALA POLICE STATION, KOTTAYAM CP.NO.12/1998 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PALA ........................ PETITIONER : --------------------- HARIKUMAR, AGED 47, S/O.NARAYANAN NAIR, KURUPPANKUNNEL HOUSE, KIZHAKKUBHAGAM KARA, ATHIRAMPUZHA VILLAGE, ETTUMANOOR, KOTTAYAM DISTRICT. BY ADVS. SRI.ABRAHAM P.GEORGE SMT. SANTHY M. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. KWAJA HUSSAIN, S/O.NIJAM ALI RAWTHER, KVNR HOUSE, PALLI STREET, KOZHINJAMPARA, DO VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT-678 101. R1 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1290 of 2011 --------------------------------------- Dated this 25th day of May, 2011 ORDER Petitioner is the first accused in C.P.No.12 of 1998 and L.P.No.8 of 2000 of the Court of learned Judicial First Class Magistrate, Pala for offences punishable under Secs.55(a) of the Abkari Act and Sec.15(a) and (b) of the Abkari Amendment Ordinance 1997. Case is that on 11.09.1997 the police searched room No.107 of Thottungal tourist home and seized the photocopy of an agreement (said to be) executed between petitioner and the second accused for sale of rectified spirit and photocopy of a cheque (allegedly) given by the petitioner to the second accused for the said purpose. Learned counsel contends that petitioner had no information about the case and that non bailable warrant was issued against him. It is also submitted that original of the documents allegedly seized are not recovered by the police and that there is not even a prima facie case against petitioner. Learned Public Prosecutor submitted that attestor of the agreement, photocopy of which was taken as custody, is cited as a witness on the side of prosecution. Crl.M.C.No.1290 of 2011 -: 2 :- 2. Having regard to the nature of the offence alleged against petitioner I am not inclined to think that this Court is required to decide the disputed question of fact either way under Sec.482 of the Code of Criminal Procedure. It is for the trial court to decide whether allegations are correct and whether photocopy of the documents are admissible in evidence or not at the appropriate time. I do not find reason to interfere. 3. It is submitted that non bailable warrant is pending against petitioner. Having regard to the circumstances stated I am inclined to grant time to the petitioner to surrender before learned Magistrate and seek regular bail. Resultantly this criminal miscellaneous case is disposed of granting a months' time to the petitioner to appear before learned Magistrate and seek regular bail/recall of warrant. Warrant of arrest issued to the petitioner will stand in abeyance for a period of one month or till petitioner appears before the learned Magistrate, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-