Kerala High Court

Bail Appl./7409/2010 of ASHOKAN 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. 7409 of 2010() ----------------------------- CMP.5520/2010 of J.M.F.C., HARIPAD CRIME NO. 117/2009 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA

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. 7409 of 2010()

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

CMP.5520/2010 of J.M.F.C., HARIPAD

CRIME NO. 117/2009 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DISTRICT

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

PETITIONER/ACCUSED

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ASHOKAN,S/O.KOCHUNANU

VETTUTHARA VEETTIL

WORLD VISION COLONEY,PERUMBALLY MURI,

ARATTUPUZHA VILLAGE

BY ADV. SRI.R.SUNIL KUMAR

SMT.A.SALINI LAL

RESPONDENT/COMPLAINANT

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

STATE OF KERALA, REP.BY PUBLIC

PROSECUTOR,HIGH COURT OF KERALA,REP.BY EXCISE

INSPECTOR, KAYAMKULAM RANGE

PUBLIC PROSECUTOR 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.7409 OF 2010

- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31[st] day of December, 2010

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ORDER

This is a bail application filed by the accused in Crime No.117/2009of Karthikappally Excise Range, Alappuzha district under section 439 ofCr.P.C.

2. The allegation against the petitioner is that he was found inpossession of 1 litre of arrack on December 16, 2009 at 12 noon and thatthereby committed the offence punishable under Section 8(2) of Abkari Act.He was arrested on the spot and is in remand thereafter. The learnedMagistrate rejected his bail application.

3. It is alleged in the petition that petitioner is innocent of theoffence alleged against him and that he is prepared to abide by anycondition that may be imposed by this court, if released on bail.

4. Notice given to the learned Public Prosecutor. This petition isopposed by the learned Public Prosecutor.

5. Heard learned counsel for the petitioner and the learned PublicProsecutor.

6. For the following reasons, I am inclined to grant bail to thepetitioner. The quantity of contraband involved in this case is only 1 litre ofarrack. Further, investigation in this case is almost over. The main B.A.No.7409/2010

witnesses have already been questioned. Public Prosecutor submitted thatthere is a similar case pending against the petitioner. Counsel for thepetitioner submitted that petitioner has already been released on bail in thatcase. Under these circumstances, I feel that petitioner can be released onbail subject to conditions.

7. In the result, the petition is allowed. The petitioner shall bereleased on bail on his executing a bond for Rs.25,000/- (Rupees TwentyFive Thousand only) with two solvent sureties for like sum each to thesatisfaction of the lower court on the following conditions:-

1) The petitioner shall appear before the Investigating Officer on all Mondays between 10 a.m. and 11 a.m. Investigating Officer on all Mondays between 10 a.m. and 11 a.m.

2) The petitioner shall not commit similar offencewhile on bail.while on bail.

3) The petitioner shall co-operate with theinvestigation and shall not try to influence theprosecution witnesses or tamper with theevidence.investigation and shall not try to influence theprosecution witnesses or tamper with theevidence.

4) Petitioner shall not leave the limits of thejurisdiction of the lower court without priorpermission.jurisdiction of the lower court without priorpermission.

5) In case of violation of any of the conditions mentioned above, lower court can cancel his bail.above, lower court can cancel his bail.

P.Q.BARKATH ALI, JUDGE

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