Kerala High Court

Bail Appl./8039/2007 of JUSTIN RAJ @ JOY Vs STATE OF KERALA on 24 December 2007

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 Bail Appl..No. 8039 of 2007() ------------------------------------------ (CR.NO.136/2007 OF ARYANAD EXCISE RANGE) PETITIONER/1ST ACCUSED:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.K.MOHANAN

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

Bail Appl..No. 8039 of 2007()

------------------------------------------ (CR.NO.136/2007 OF ARYANAD EXCISE RANGE)

PETITIONER/1ST ACCUSED:

---------------------------------------- JUSTIN RAJ @ JOY, S/O. LOWRANCE, THEKKUMKARA VEEDU, PANGODE, VALIYAKULANGARA, ZHAMAALAKKAL VILLAGE, NEDUMANGAD TALUK.

BY ADV. SRI.T.A.UNNIKRISHNAN

RESPONDENT: COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

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

FOLLOWING:

Kss

V. K.MOHANAN, J.

- - - - - - - - - - - - - - - - - - - - - - Bail Application NO.8039 of 2007

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

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O R D E R

In this Petition filed under Sec. 439 Cr.P.C. the petitionerwho is the 1st accused in C.R. No. 136 of 2007 of Aryanad ExciseRange for offences punishable under Secs. 55(a)(i) and 65 and67(B) of the Abkari Act for having been found in possession of 22litres of spirit, seeks his enlargement on bail. Petitioner wasarrested on 4-11-2007

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

3. Having regard to the nature of the offences, the duration of judicial custody of the petitioner and the othercircumstances of the case, I am inclined to grant bail to thepetitioner. Accordingly, the petitioner shall be released on bail onhis executing a bond for Rs. 10,000/- with two solvent suretieseach for the like amount to the satisfaction of the Judicial FirstClass Magistrate Court-I, Nedumangad and subject to thefollowing conditions:

2

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 tillthe filing of the final report.

3. The petitioner shall not influence or intimidate theprosecution witnesses nor shall he attempt to tamperwith the evidence for the prosecution.

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

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

This application is allowed as above.

V.K.MOHANAN, JUDGE.

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