Kerala High Court

Bail Appl./7931/2007 of K.ABDUL AZEEZ Vs STATE on 24 December 2007

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 Bail Appl..No. 7931 of 2007() ----------------------------- (CRIME NO.52/2007 OF KUMBALA EXCISE RANGE) PETITIONER/ACCUSED: ------------------------------------ K.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929

Bail Appl..No. 7931 of 2007()

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

(CRIME NO.52/2007 OF KUMBALA EXCISE RANGE)

PETITIONER/ACCUSED:

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

K. ABDUL AZEEZ, AGED 23 YEARS,

S/O. AHAMMED KUNHI HAJI, KATTA HOUSE,

ICHILANKODE KATTA, ICHILANKODE VILLAGE,

KASARAGOD DISTRICT.

BY ADV. SRI.M.SASINDRAN

RESPONDENTS: COMPLAINANT & STATE:

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

1. STATE - REPRESENTED BY PUBLIC PROSECUTOR

HIGH COURT OF KERALA, ERNAKULAM.

2. THE EXCISE RANGE OFFICER,

(CRIME NO.52 OF 2007 OF KUMBALA EXCISE RANGE), KASARAGOD DISTRICT.

BY PUBLIC PROSECUTOR SMT.SUDHA DEVI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 24/12/2007, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

======================

======================

Dated this the 24[th] day of December, 2007

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J U D G M E N T

The petitioner is an accused in crime No.52/2007 ofKumbala Excise Range. The petitioner has been accused ofoffence punishable under Section 55(a) of the Abkari Act. Theallegation against the petitioner is that on 23.11.2007 at 9 a.m.the petitioner was found in possession of 5400 packets eachcontaining 100 ml arrack, 50 kannas and 30 litres of spirit, and apacking machine. The petitioner protests innocence of all theabove allegations. He was arrested on 23.11.2007 and is injudicial custody since then. He approached the Sessions Courtfor bail and the same was dismissed on the ground that noreasonable circumstances are brought before the court forbelieving that he is not guilty of such offence and he is not likelyto commit any offence while on bail, and the investigation is notyet completed.

2. Learned Public Prosecutor opposes the application.

3. After hearing both sides, I am not satisfied that thepetitioner can be granted bail at this juncture. Accordingly, thisapplication is dismissed. It would be open to the petitioner tomove for bail again after a month.

sdk+

Sd/-

S.SIRI JAGAN, JUDGE

///True copy///

P.A. to Judge.

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