Kerala High Court

Bail Appl./7594/2006 of SAJI Vs STATE OF KERALA on 26 December 2006

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Bail Appl..No. 7594 of 2006() ----------------------------- CMP.9622/2006 of J.M.F.C.-I,NEDUMANGAD CRIME NO.122/06 OF NEDUMANGAD EXCISE RANGE. .................... :

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928

Bail Appl..No. 7594 of 2006()

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

CMP.9622/2006 of J.M.F.C.-I,NEDUMANGAD

CRIME NO.122/06 OF NEDUMANGAD EXCISE RANGE.

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

: PETITIONER/IST ACCUSED

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SAJI, S/O.SIMON,

SAJI HAVAN, PALLINADA,

MALIAMOODU, KOKKOTTELA,

KOTTAKKAKAM MURI, ARYANAD VILLAGE,

NEDUMANGAD TALUK.

BY ADV. SRI.NAGARAJ NARAYANAN

SRI.SAIJO HASSAN

SRI.A.S.SABU

RESPONDENT: STATE

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

STATE OF KERALA,

REP. BY THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SHRI K.S.SIVAKUMAR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

V. RAMKUMAR, J.

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

BAIL APPLICATION NO. 7594 OF 2006

- - - - - - - - - ----------------------- - - - - - - DATED THIS THE 26TH DAY OF DECEMBER, 2006

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O R D E R

In this Petition filed under Sec.439 Cr.P.C. the petitioner who isthe 1[st] accused in Crime No.122/06 of Nedumangad Excise Range foroffences punishable under Sections 8(1) and (2) and 55(g) of theAbkari Act for having been found in possession of 8 liters of arrack on19.11.2006 and who was arrested on the same day, seeks hisenlargement on bail.

2. I heard the learned counsel for the petitioner and thelearned Public Prosecutor.

3. Having regard to the nature of the offences, the durationof judicial custody of the petitioner and the other circumstances of thecase etc., I am inclined to grant bail to the petitioner. Accordingly,the petitioner is directed to be released on bail on his executing a bondfor Rs.20,000/- (Rupees twenty thousand only) with two solventsureties each for the like amount to the satisfaction of the J.F.C.M.-I,Nedumangad and subject to the following conditions:

1. Petitioner shall report before the InvestigatingOfficer between 9 a.m. and 11 a.m. on allWednesdays.

2. The petitioner shall make himself available forinterrogation as and when required by the Police, till thefiling of the final report.

3. The petitioner shall not influence or intimidatethe prosecution witnesses nor shall he attempt totamper with the evidence for the prosecution.

4. The petitioner shall not commit any offencewhile on bail.

If the petitioner commits breach of any of the above conditions,the bail granted to him shall be liable to be cancelled.

This application is allowed as above.

V.RAMKUMAR, JUDGE.

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