IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 16TH OCTOBER 2006 / 24TH ASWINA 1928 Bail Appl..No. 5964 of 2006() ----------------------------- CP.53/2006 of J.M.F.C.,ALATHUR C.R.NO.9/2004 OF NENMARA EXCISE RANGE. .................... PETITIONERS/ACCUSED ---------------------- SUBHA, W/O.ROY, AGED 32 YEARS, MANJILATT HOUSE, KONDASSERY, CHEENIKODE, NEMMARA VILLAGE, CHITTOOR TALUK. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, NEMMAR EXCISE RANGE OFFICE, NEMMARA, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/10/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M. JAMES, J. ------------------------------- Bail Application No. 5964 of 2006 ------------------------------- Dated this the 16th October, 2006. O R D E R Petitioner is accused of the offence punishable under Section 55(a) of the Abkari Act, in C.R.No.9/2004 of Excise Range Office, Nenmara. It is submitted by the prosecution that on completion of the investigation, final report has been filed, and the matter is now pending as C.P.No.53/2006, on the file of the Judicial First Class Magistrate Court, Alathur. Petitioner is now before this Court under Section 438 Cr.P.C., for a pre arrest order. 2. In the above facts situation, I dispose of this application, directing the petitioner to surrender before the Judicial First Class Magistrate Court, Alathur, on 25.10.2006, at 11 A.M., and move an application for bail. The learned Magistrate shall allow the application, and release her on bail, imposing such conditions, as are deemed necessary. J.M. JAMES, JUDGE nj.