Kerala High Court

Bail Appl./8419/2010 of RAJAN 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. 8419 of 2010() ----------------------------- (CRIME NO. 48 OF 2010 OF CHERPULASSERY EXCISE RANGE) PETITIONER/ACCUSED

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. 8419 of 2010()

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

(CRIME NO. 48 OF 2010 OF CHERPULASSERY EXCISE RANGE)

PETITIONER/ACCUSED

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

RAJAN, AGED 39 YEARS, S/O.KRISHNAN,

KADAPPADAM THOTTAPPAYIL VEETTIL,

POMBRA DESAM, KARIMPUZHA VILLAGE,

OTTAPALAM, PALAKKAD.

BY ADV. SRI.SUNIL NAIR PALAKKAT

SRI.K.N.ABHILASH

SMT.R.LEELA

RESPONDENT(S): STATE & COMPLAINANT

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

THE STATE OF KERALA, REPRESENTED BY

THE EXCISE RANGE OFFICER, CHERPULASSERY

EXCISE RANGE OFFICE, PALAKKAD

(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.

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B.A. No. 8419 of 2010

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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 Crime No.48 of 2010 of Cherpulassery Excise Range under section439 of the Cr.P.C.

2. The allegation against the petitioner is that on December 10, 2010 he was found in possession of 20 litresof toddy and Rs.40/- at Pombra for selling and therebycommitted an offence punishable under section 55(i) of theAbkari Act.

3. The petitioner was arrested from the spot and heis in remand thereafter.

4. It is alleged in the petition that the petitioner is innocent of the offence alleged against him and that he isprepared to abide by any conditions that may be imposed bythis Court, if released on bail.

BA 8419/2010

5. Heard learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutoropposed this petition.

6. For the following reasons, I am inclined to grant bail to petitioner:- Permissible quantity of toddy that can bepossessed by a person is 3 litres as seen from S.R.O.No.127/99 dated 5-2-1999, the notification issued by theState Government under sections 10 and 13 of the AbkariAct. The petitioner is in remand from December 10, 2010.onwards. Further the investigation in this case is alreadyover. Therefore, I feel that the petitioner can be releasedon bail, but subject 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 tothe satisfaction of the trial court on the followingconditions:-

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.

mn

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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