IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 2496 of 2009() 1. BINU @ VINU,AGED 35 YEARS, ... Petitioner Vs 1. THE EXCISE INSPECTOR,PATHANAMTHITTA ... Respondent 2. STATE OF KERALA, For Petitioner :SRI.V.SETHUNATH For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice C.T.RAVIKUMAR Dated :12/05/2009 O R D E R C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2496 of 2009 ----------------------------------------- Dated this the 12th May, 2009 O R D E R
This is a petition for regular bail filed under Section 439
of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.61/08 of
Pathanamthitta Excise Range, alleging commission of offence
under Section 55(a) of the Abkari Act. The case of the
prosecution is that on 31.7.2008 at 9 pm, the petitioner was
found possessing 70 litres of illicit spirit in two plastic kannas
in course of transit at Karamveli – Edaparakavu Road. He was
arrested in connection with the crime on 7.4.2009 and since
then he has been in judicial custody.
3. When the matter is taken up today, learned Public
Prosecutor submitted that final report in this case has already
been laid before the Judicial First Class Magistrate Court-I,
Pathanamthitta. If that be so, I think the petitioner can
BA.2496/09 2
approach that court and move for regular bail. Accordingly,
this petition is dismissed with liberty to move before the
competent court for bail.
C.T.RAVIKUMAR, JUDGE
vgs.