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BINU v. STATE OF KERALA - Bail Appl No. 4186 of 2006  RD-KL 208 (13 July 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 4186 of 2006()
1. BINU, S/O. OUSEPH,
1. STATE OF KERALA,
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.JOICE GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
O R D E R
J.M.JAMES, J.B.A. 4186/2006
DATED THIS THE 13TH DAY OF JULY, 2006
O R D E RThe petitioner is the accused, in crime No.202/2004 of Kattappana Police Station, for the offence punishable under Sections 8(1) & 8(2) and 55 (a) of the Abkari Act, as he was found in illegal possession of 1.9 liters of arrack, stored in his house. He could not be arrested, as he was absconding, though the contraband was seized from his house. Now he is before this Court, under Section 438 Cr.P.C.
2. I heard both sides. The learned counsel submitted that the final report had already been filed before the Court below and the matter is now pending under the committal proceedings.
3. In the circumstances of this case, I direct the petitioner to surrender before the Judicial Magistrate of First Class, Kattappana, on 19.7.2006 at B.A.4186/2006 2 11.00 a.m., and move an application for bail, after serving copy of the same to the APP of that Court, in which event, the learned Magistrate shall dispose of the application for bail, on the same day itself, on merit. The application is disposed of as above. J.M.JAMES
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