IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7761 of 2008()
1. MOBIN @ THOMAS MATHEW, S/O. MATHEW,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SMT.A.SALINI LAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :06/01/2009
O R D E R
K.HEMA, J.
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B.A. No.7761 OF 2008
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Dated this the 6th day of January, 2009
O R D E R
This petition is for bail.
2. The alleged offences are under Section 55(a) and (i) of
the Abkari Act. According to prosecution, petitioner along with
two other accused was found in possession of 1220 litres of
spirit and they attempted to transport the same in an
autorickshaw. The incident occurred on 06.03.1999.
3. The petitioner was on bail during trial stage.
According to learned counsel for petitioner, he went to gulf in
connection with his employment and he came to know that
warrant was issued against him and hence he surrendered
before the court and he was remanded. He is prepared to co-
operate with the trial. He may be granted bail, it is submitted.
4. This is the second application for bail. The earlier
application was dismissed as per order dated 24.11.2008 in
B.A.No.7163 of 2008 with a direction to the learned Assistant
Sessions Judge to dispose of the case within one month from
today. Learned Assistant Sessions judge requested for
B.A.No.7761 of 2008
2
extension of time and it was granted and the date for disposal
of the case is 15.01.2009.
Learned counsel for petitioner submitted that accused
nos.2 and 3 were acquitted by the trail court. At this stage of
trial, I do not think it proper to grant bail, especially without
knowing the merit of the case. In the circumstances, the
following direction is issued.
Petitioner may, if so advised, file an
application for bail before the trial court
itself, in which event depending upon the
stage of the case and the merit, the petition
shall be disposed of without delay.
With this direction, the petition is dismissed.
K.HEMA, JUDGE
pac