Thomsun vs State Of Kerala Represented By on 20 July, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4125 of 2006()


1. THOMSUN, S/O. OUSO,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                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.
                               --------------
                            B.A.4125/2006
                             ------------------
       DATED THIS THE 20TH DAY OF JULY, 2006


                               O R D E R

The petitioner is the second accused, in

C.R.No.18/2004 of Paravur Excise Range. The allegation is

that the petitioner, along with the first accused, was found

in illegal possession of thirty liters of illicit arrack, on

31.7.2004. The first accused was arrested on the same

day. The second accused could not be arrested. The facts

reveal, as submitted by the learned Public Prosecutor, that

on the submission of the first accused, the second

accused, the petitioner herein, is also implicated. Hence

the petitioner is before this Court, under Section 438

Cr.P.C.

2. After hearing the counsel as well as the public

Prosecutor, I direct the petitioner to surrender before the

Judicial Magistrate of First Class, North Paravur, on

26.7.2006 at 11.00 a.m., and move an application for bail,

in which event the learned Magistrate shall consider the

B.A.4125/2006
2

same and release the petitioner on bail, imposing such

conditions which are deemed necessary. However I

make it clear that if the investigating officer desires to

have the petitioner, the second accused, for

interrogation, he may move an application before the

Court below for the custody, which also shall be

considered by the learned Magistrate, according to the

law and dispose of it, after hearing both sides.

The application is disposed of as above.

J.M.JAMES
JUDGE

mrcs