Joseph John Alias Reji vs State Of Kerala
2023 Latest Caselaw 1854 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE V.G.ARUN
   WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                    CRL.MC NO. 865 OF 2023
AGAINST THE ORDER/JUDGMENT CP 78/2020 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS ,THIRUVALLA
PETITIONER/ACCUSED NO.1

          JOSEPH JOHN ALIAS REJI
          AGED 51 YEARS,
          S/O. T J JOHN,
          THUNDIYIL HOUSE,
          VENPALA KARA.,PUTTOR VILLAGE
          PATHANAMTHITTA DISTRICT
          PIN - 689102

          BY ADV JACOB CHACKO


RESPONDENTS/STATE AND COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

    2     THE CIRCLE INSPECTOR OF EXCISE
          EXCISE RANGE OFFICE, THIRUVALLA, PIN - 689101



          PP SRI. M.C.ASHI


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No.865 of 2023
                                    2




                              ORDER

Dated this the 1st day of February, 2023

The petitioner is the sole accused in C.P.No.78 of 2020

pending on the files of the Judicial First Class Magistrate

Court, Thiruvalla. The committal proceedings pertain to

Occurrence Report No.61 of 2020 of Excise Range, Thiruvalla

Town registered for the offences punishable under Sections

8(1) and 8(2) of the Kerala Abkari Act.

2. The petitioner's grievance is that in the first instance

itself, the committal court issued warrant instead of summons.

The petitioner apprehends that if he appears before the

committal court, the bail application will not be considered on

the same day, which would result in the petitioner being

remanded to judicial custody.

3. I heard the learned counsel for the petitioner and the

learned Public Prosecutor for the respondents.

4. Considering the petitioner's willingness to appear

before the committal court and move application for bail, the Crl.M.C. No.865 of 2023

Crl.M.C is disposed of as under;

(i) The petitioner is granted a week's time for

surrendering before the committal court and to move an

application for bail with advance notice to the Public

Prosecutor.

(ii). On the petitioner surrendering and moving the

application for bail, the learned Magistrate shall consider the

bail application on the date of surrender itself and pass

appropriate order thereon, preferably, on the same day.

(iii) To provide an opportunity for the petitioner to abide

by the above conditions, execution of the Non-Bailable

Warrant issued against him shall be kept in abeyance for one

week.

Sd/-

V.G.ARUN, JUDGE smm Crl.M.C. No.865 of 2023

APPENDIX OF CRL.MC 865/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE OCCURRENCE REPORT IN CRIME NO. 61/20 OF EXCISE RANGE THIRUVALLA TOWN DATED 25.05.2020