Kerala High Court
Bail Appl./8726/2010 of VASUDEVAN Vs STATE OF KERALA on 31 December 2010
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932 Bail Appl..No. 8726 of 2010() ----------------------------- CMP.3455/2010 of J.M.F.C.,PEERUMEDU CRIME NO. 615 OF 2010 OF PEERMADE POLICE STATION
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932
Bail Appl..No. 8726 of 2010()
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CMP.3455/2010 of J.M.F.C.,PEERUMEDU
CRIME NO. 615 OF 2010 OF PEERMADE POLICE STATION
PETITIONER/ACCUSED
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VASUDEVAN, S/O.KITTAN,
KOYIKKALETHU VEEDU, ELAPPARA KARA,
ELAPPARA VILLAGE.
BY ADV. SRI.BIJU .C. ABRAHAM
RESPONDENT(S): COMPLAINANT
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STATE OF KERALA,
REP. BY THE S.H.O.,
PEERMADE, IDUKKI DISTRICT,
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY P.P. SRI. C.M.NAZAR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 31/12/2010, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
P.Q. BARKATH ALI, J.
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B.A. No. 8726 of 2010
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Dated this the 31[st] day of December, 2010
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O R D E R
This is a bail application filed by the accused in Crime No.615 of 2010 of Peermade Police Station under section439 of the Cr.P.C.
2. The allegation against the petitioner is that on December 18, 2010 at about 11.30 p.m. he was found inpossession of 1475 ml. of Indian Made Foreign Liquor at hisshop at Elappara for the purpose of sale and that therebycommitted offences punishable under sections 55(a) & (i) ofthe Abkari Act.
3. The petitioner was arrested from the spot and he isin remand thereafter. The learned Magistrate dismissedhis bail application finding that if he was released on bail,he will abscond and intimidate the witnesses.
4. It is alleged in the petition that the petitioner is aged 72 and he is suffering from carcinoma and that if he isreleased on bail, he is prepared to abide by any conditions BA 8726/2010
that may be imposed by this Court.
5. Heard learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by thelearned Public Prosecutor.
6. The petitioner is aged 72 and he is suffering from Carcinoma Buccal Mucosa as revealed from a certificateproduced by the petitioenr as Annexure-2. The prosecutionhas no case that there is any other similar case pendingagainst him. Further investigation of this case is almostover and main witnesses have already been questioned.That apart, the permissible quantity of Indian Made ForeignLiquor that a person can possess for own use is 3.5 litres asprovided in S.R.O. No.127/99 dated 5-2-199, the notificationissued by the State Government under sections 10 and 13 ofthe Abkari Act. Therefore, I am of the view that thepetitioner can be released on bail, but subject toconditions.
7. In the result, the petition is allowed. The petitionershall be released on bail on his executing a bond for BA 8726/2010
Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the Judicial Magistrate of the First Class- I, Peermade on the following conditions:-
1) The petitioner shall report before theInvestigating Officer on all Mondaysbetween 10 a.m and 11 a.m.Investigating Officer on all Mondaysbetween 10 a.m and 11 a.m.
2) The petitioner shall not commit similaroffence while on bail.offence while on bail.
3) Petitioner shall co-operate with theinvestigation and shall not intimidatethe witnesses.investigation and shall not intimidatethe witnesses.
4) If the petitioner violates any of theconditions mentioned above, lowercourt can cancel his bail. conditions mentioned above, lowercourt can cancel his bail.
P.Q. BARKATH ALI, JUDGE.
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