High Court Kerala High Court

Moniyappan vs State Of Kerala on 12 May, 2009

Kerala High Court
Moniyappan vs State Of Kerala on 12 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1530 of 2009()


1. MONIYAPPAN, AGED 37, S/O. VASU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE EXCISE INSPECTOR,

                For Petitioner  :SRI.P.HARIDAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :12/05/2009

 O R D E R
                   M.L. JOSEPH FRANCIS, J.

              -------------------------------------------------

                    Crl.M.C. No.1530 OF 2009

             --------------------------------------------------

              Dated this the 12th day of May, 2009


                               O R D E R

Heard both sides. This petition under section 482 of

Code of Criminal Procedure is filed by the accused in

O.R.71/2008 of Excise Range, Thiruvalla for offence under

section 8(1)(2) of Abkari Act. The allegation is that the

petitioner was found in possession of 4 litres of arrack. Now

investigation is over and the case is pending as C.P.20/2009

before the Judicial First Class Magistrate, Thiruvalla. Therefore

arrest and detention of the petitioner is not required for

interrogation. Hence this petition is allowed. The petitioner is

directed to surrender before that court on or before 10.7.2009.

On such surrender the learned Magistrate may allow the

petitioner to go on bail. While releasing the petitioner on bail

the learned Magistrate may impose suitable conditions.

M.L. JOSEPH FRANCIS,
JUDGE.

okb