Rajan James v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 Bail Appl..No. 3064 of 2015 () ------------------------------- CR. NO.36/2014 OF THRITHALA EXCISE RANGE, PALAKKAD DISTRICT . ......

PETITIONERS/ACCUSED NOS. 1 & 2:

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1. RAJAN JAMES, AGED 49 YEARS, S/O.CHACKO, PULICKAL HOUSE, HOSDURG DESOM, HOSDURG VILLAGE, KASARAGOD DISTRICT.

2. SUNIL, AGED 36 YEARS, S/O.VASU, KOZHIPURATH HOUSE, CHATHANNOOR DESOM, THRIMITTAKKODE VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.NIREESH MATHEW.

RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.3064 of 2015 -------------------------------------------- Dated this the 8th day of June 2015

O R D E R

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

2. Petitioners are accused nos.1 and 2 in C.R. No.36 of 2014 of Thrithala Excise Range registered for the offence under Sec.57(a) of the Kerala Abkari Act. The allegation is that, in the examination of the sample taken from the toddy shop run by them, the presence of starch was noticed in the toddy.

3. Heard both sides.

4. The learned counsel for the petitioners submits that no noxious substance was present in the sample.

5. I am satisfied that the nature of the case does not demand custodial interrogation of the petitioners.

In the result, this bail application is allowed. 1) The petitioners shall be released on bail after interrogation on their executing a bond for

Bail Appl. No.3064 of 2015 2 Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.

3) They 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