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.
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Crl.M.C. No. 1735 of 2009
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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
