SANOSH SADANANDAN MUNGAM KAVUNGAL Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD both sides. This petition under section 482 of code of Criminal Procedure is filed by the second accused in c. R. No. 25/2007 of Mallappally Excise Range alleging offence under section 55 (a) and 67 (b) of Abkari Act. The allegation is that the first accused transported 10 litres of spirit in a Tata sumo belonging to the petitioner. Now investigation is over and the case is pending before Judicial First Class Magistrate, thiruvalla as C. P. 93/2008. Therefore arrest and detention of the petitioner is not required for interrogation. Hence this petition is allowed. The petitioner is directed to surrender before that court on or before 10. 7. 2009. On such surrender the learned magistrate may allow the petitioner to go on bail. While releasing the petitioner on bail the learned Magistrate may impose suitable conditions.