IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4345 of 2006()
1. MANIKANDAN, AGED 30 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. EXCISE INSPECTOR,
For Petitioner :DR.K.P.SATHEESAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :20/07/2006
O R D E R
J.M.JAMES, J.
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B.A. 4345/2006
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DATED THIS THE 20TH DAY OF JULY, 2006
O R D E R
The petitioner is the accused in C.R.No.23/2002
of Tirur Excise Range. He was found in illegal possession
of 1060 liters of wash, on 26.11.2002. But he could not be
arrested, as he escaped from the place of occurrence,
when the Excise party came to the scene of occurrence.
The learned Public prosecutor submitted that the
petitioner had been absconding thereafter, and he could
not be arrested. The name of the person had been finding
place in the records, that had been prepared by the Excise
authorities.
2. The learned Prosecutor had brought to my
notice, that the investigation is complete and final report
had been filed. Because of the continuous absconding of
the accused, the case is included in the L.P.register and a
non bailable warrant was issued. It is at this stage, the
petitioner is before this Court, under Section 438 Cr.P.C.
B.A.4345/2006
2
3. In the above facts situation, I direct the
petitioner to surrender before the Judicial Magistrate of
First Class, Tirur, on 27.7.2006 at 11.00 a.m., and move
an application for bail, in which event the learned
Magistrate shall go through the records, hear both sides
and pass appropriate orders, as per the law. If the copy
of the application is given well in advance to the APP, the
order shall be passed on the same day itself.
The application is disposed of as above.
J.M.JAMES
JUDGE
mrcs