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High Court of KeralaBail Appl./1331/2015allowed

Narayanankutty @ Appu v. State Of Kerala

2015-06-05Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Bail Appl..No. 1331 of 2015 () ------------------------------- CRIME NO. 178/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT ------------------- PETITIONER/ACCUSED :

------------------------------------- NARAYANANKUTTY @ APPU, S/O.RAMAN, 46 YEARS, CHETTIYARTHODI HOUSE, MATTAYA VALLAPUZHA POST, PATTAMBI TALUK BY ADV. SRI.R.SREEHARI RESPONDENT/COMPLAINANT :

---------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERLA, ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE PATTAMBI POLICE STATION, PATTAMBI - 679 303.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.1331 of 2015 -------------------------------------------- Dated this the 5th day of June 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioner is the accused in Crime No.178 of 2015 of Pattambi Police station registered for the offences under Secs.55(a) and (i) of the Kerala Abkari Act. The allegation is that he along with the co-accused was found going on a motor cycle. The Police found 5 litres of Indian Made Foreign Liquor in a bag kept in the motorcycle.

3. Heard both sides.

4. There were two persons on the motorcycle.

The quantity of Indian Made Foreign Liquor seized was only 5 litres. Prima facie it is doubtful whether the petitioner has committed any offence. So I am inclined to grant the prayer.

In the result, the bail application is allowed. 1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- ( Twenty five thousand only) with two

Bail Appl. No.1331 of 2015 2 solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

3) He shall not destroy or tamper with evidence.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge