Bail Appl./7649/2006 of HARIDASAN Vs STATE OF KERALA on 29 December 2006

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928

Bail Appl..No. 7649 of 2006()

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Crime No.(CR) 31/06 of Excise Range, Thrithala : PETITIONER/ACCUSED:

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HARIDASAN, KAIPPADAPADINJARETHIL,

THIRUMITTACODE, THRITHALA, OTTAPPALAM TALUK.

BY ADV. SRI.SURIN GEORGE IPE

RESPONDENT: COMPLAINANT:

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STATE OF KERALA,

REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA

AT ERNAKULAM.

BY PUBLIC PROSECUTOR SHRI. JAI GEORGE

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 29/12/2006, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

M.N.Krishnan, J.========================B.A.No.7649 of 2006========================

Dated this the 29[th] day of December, 2006.ORDER

This is an application for bail under Section 438 of Cr.P.C.wherein the accused is alleged to have committed an offence underSection 55(g) of the Kerala Abkari Act. The report submitted by theExcise Range Inspector was given to me for perusal. It is statedtherein that 200 litres of wash were found from a shed, which issituated on the south-western side of the petitioner's residence. Thepetitioner's counsel would submit that since he had refused to sign asa mahazar witness, a false case was registered against him. I am notprepared to accept the same. The offence alleged is of very seriousnature. Therefore, bail under Section 438 of Cr.P.C. cannot be grantedas it is not intended to circumvent the law and procedure. However,the petitioner is at liberty to surrender before the Magistrate and thelearned Magistrate, as far as possible shall try to dispose of the BA 7649/06

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application to be filed by the petitioner on the date of his surrenderitself.

This application is accordingly dismissed.

ess 29/12

M.N.Krishnan,Judge.