Kerala High Court

Bail Appl./8888/2012 of SHARINLAL Vs STATE OF KERALA on 31 December 2012

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Bail Appl..No. 8888 of 2012 ( A ) ------------------------------------------ [CRIME NO.153/12 OF NOORANAD EXCISE RANGE, ALAPPUZHA DISTRICT] .............

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934

Bail Appl..No. 8888 of 2012 (A)

------------------------------------------ [CRIME NO.153/12 OF NOORANAD EXCISE RANGE, ALAPPUZHA DISTRICT]

.............

PETITIONER:

-------------------

SHARINLAL, AGED 22 YEARS, S/O.SASIDHARAN, NILAMEL KAROTTU VEEDU, KANCHUKODU MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK.

BY ADV. SRI.K.SASIKUMAR.

RESPONDENT:

---------------------

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Prv.

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - B.A. No. 8888 of 2012

- - - - - - - - - - - - - - - - - - - - - - Dated this the 31[st] day of December, 2012.

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ORDER

The petitioner was arrested with 35 litres of spirit in his possession in contravention of the provisions of theAbkari Act and was booked for the offence punishable underthe said Act. He has been in custody from 31.10.2012onwards. The petitioner points out that his continuedcustody is unnecessary and he is innocent.

2. The learned Public Prosecutor opposed the petition by pointing out that the investigation is notcomplete. The claim of the petitioner that he is innocentcannot be accepted in view of the materials available in the CD. It is also pointed out that final report has not beenfiled so far.

3. Considering the various facts and

circumstances of the case, the continued custody of thepetitioner seems to be unnecessary.

B.A.8888/2012.

Therefore, this application is allowed on the following conditions:

i) Petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) with two solventsureties for the like sum each to the satisfaction ofJFCM-II, Mavelikara.

ii) The learned Magistrate may ensure the identityof the sureties and also the veracity of the taxreceipts that are sought to be produced at the timeof executing the bond.

iii) Petitioner shall report before the InvestigatingOfficer on every Wednesday between 9 a.m. and 10a.m. till final report is laid.

(iv) Petitioner shall not tamper or attempt totamper with the evidence or influence or try toinfluence the witnesses.

v) If any of the condition is violated, bail granted tothe petitioner shall stand cancelled, and the JFCMconcerned may take such steps as are available tohim in law.

sb.

P. BHAVADASAN, JUDGE

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