Sudarsanan @ Kurnees vs State Of Kerala on 3 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1735 of 2009()


1. SUDARSANAN @ KURNEES,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.M.R.SARIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :03/06/2009

 O R D E R
              M.SASIDHARAN NAMBIAR, J.
                ==================
                 Crl.M.C. No. 1735 of 2009
                ==================
           Dated this the 3rd day of June, 2009.

                           O R D E R

Petitioner is the accused in Crime No.40/2009 of

Aryanad Excise Range. The case is under investigation.

This petition is filed for a direction to the Magistrate to pass

orders on the bail application on the date of its filing. When

a bail application in an Abkari Act is filed, the Magistrate

cannot be expected to pass orders in the application without

hearing the Prosecutor. Prosecutor cannot submit anything

to the Court without getting instructions. Hence no

direction could be granted to the Magistrate to pass orders

in the bail application to be filed at the investigation stage

on the date of filing itself. Petition is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE

dkr