IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1612 of 2007()
1. K.S.PRASAD, AGED 39 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, EXCISE INSPECTOR,
... Respondent
For Petitioner :SRI.R.ARUN RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/05/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO.1612 & 1613 OF 2007
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Dated this the 24th day of May, 2007
ORDER
These applications are filed by the common petitioner
who faces allegations under the provisions of the Kerala
Abkari Act. According to the petitioner, he is absolutely
innocent. Totally false and vexatious allegations have been
raised against the petitioner with oblique motive. The
petitioner had filed complaints of corruption against the
officials and that is the reason why such false allegations have
been raised against the petitioner. The petitioner is willing
to surrender before the learned Magistrate. This Court as per
the order dated 23/5/07 in Crl.M.C.No.1605/07 had issued
directions in favour of the petitioner in a similar case.
Identical directions may be issued in favour of the petitioner,
it is submitted.
2. It is not necessary to advert to the facts in detail.
Crl.M.C.No.1605/07 was dismissed subject to observations.
CRL.M.C.NO.1612 & 1613 OF 2007 -: 2 :-
Similar observations can be made in favour of the petitioner in
these Crl.M.Cs. also.
3. In the result, these Crl.M.Cs. are dismissed; but with
the specific observation that if the petitioner appears before the
learned Magistrate and applies for bail after giving sufficient
prior notice to the Prosecutor in charge of the case, the learned
Magistrate must proceed to pass appropriate orders on merits
and expeditiously on the date of surrender itself.
4. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge