Kerala High Court

Bail Appl./8729/2010 of DAS Vs STATE OF KERALA on 31 December 2010

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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. 8729 of 2010() ----------------------------- CMP.3456/2010 of J.M.F.C.,PEERUMEDU CRIME NO. 616 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. 8729 of 2010()

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

CMP.3456/2010 of J.M.F.C.,PEERUMEDU

CRIME NO. 616 OF 2010 OF PEERMADE POLICE STATION

PETITIONERS/ACCUSED

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DAS, S/O.THANKANADAR,

PAPVILA VEEDU, ELAPPARA KARA,

ELAPPARA VILLAGE.

BY ADV. SRI.BIJU .C. ABRAHAM

RESPONDENT(S): COMPLAINANT

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

STATE OF KERALA,

REP. BY THE S.H.O., PEERMADE,

IDUKKI DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY P.P. SRI.P.A. SALIM

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.

=~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~==

B.A. No. 8729 of 2010

=~=~=~=~==~=~=~=~==~=~=~=~==~=~=~=~==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 CrimeNo.616 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 12.45 p.m. he was found inpossession of 1150 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 is in 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 isaged 69 and he is suffering from ailment and that if he is BA 8729/2010

released on bail, he is prepared to abide by any conditionsthat 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 69 and he is suffering from ailment. The prosecution has no case that there is any othersimilar case pending against him. Further investigation ofthis case is almost over and main witnesses have alreadybeen questioned. That apart, the permissible quantity ofIndian Made Foreign Liquor that a person can possess forown use is 3.5 litres as provided in S.R.O. No.127/99 dated5-2-199, the notification issued by the State Governmentunder sections 10 and 13 of the Abkari Act. Therefore, I amof the view that the petitioner can be released on bail, butsubject to conditions.

7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond forRs.25,000/- with two solvent sureties for like sum each to BA 8729/2010

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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