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MANIKANDAN versus STATE OF KERALA

High Court of Kerala

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MANIKANDAN v. STATE OF KERALA - Bail Appl No. 4345 of 2006 [2006] RD-KL 310 (20 July 2006)

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.

B.A. 4345/2006

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


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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