High CourtsSingle Bench

Ratheesh vs State Of Kerala

High Court Of Kerala · Decided on 6 September 2022 · Citation: (2022) 09 KL CK 0020

HON’BLE JUDGES
P.V.Kunhikrishnan, J
ACTS & SECTIONS REFERRED
Kerala Abkari Act, 1967 — Section 55(g)
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 6212 Of 2022
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Judgment

6 paragraphs · 178 words

P.V.Kunhikrishnan, J

1.

Petitioner is the accused in C.P No.42/2021 pending before the Judicial First Class Magistrate Court -II, Pathanamthitta. The above case is charge sheeted against the petitioner alleging offence punishable under Section 55(g) of Kerala Abkari Act.

2.It is the case of the petitioner that the committal court issued warrant to the petitioner, without issuing summons to him. The learned counsel for the petitioner submits that the petitioner is ready to surrender before the committal court. If that is the case, there can be a direction to the committal court to consider the bail application, if any, filed by the petitioner within a time frame. Therefore, the Crl. M.C is disposed of with the following directions;-

i) the petitioner is free to surrender before the committal court within three weeks from today.

ii) if any bail application is filed with advance copy to the Prosecutor concerned, the committal court will consider the same on the date of surrender itself.

iii) Till such time the warrant if any pending against the petitioner shall be kept in abeyance.