Shahar v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 Bail Appl..No. 4674 of 2015 ---------------------------------------- CRIME NO. 1987/2015 OF KARUNAGAPALLY POLICE STATION, KOLLAM DISTRICT ---------------------- APPLICANT(S)/ACCUSED :

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1. SHAHAR, AGED 31 YEARS, S/O.ISMAILKUNJU, SHAHANA MANZIL, AADHINADU SOUTH MURI, ADINADU VILLAGE, KARUNAGAPALLY, KOLLAM DISTRICT.

2. BINU, AGED 31 YEARS, S/O.DAMODHARAN, MAMBODI LEKSHAMVEEDU, ADINADU SOUTH MURI, ADINADU VILLAGE, KARUNAGAPALLY, KOLLAM.

BY ADV. SRI.R.RAJESH(PULLIKADA) RESPONDENT(S)/COMPLAINANT & STATE :

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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

2. THE SUB INSPECTOR OF POLICE, KARUNAGAPALLY POLICE STATION, KARUNAGAPALLY, KOLLAM DISTRICT- 690 518.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4674 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are accused in Crime No. 1987 of 2015 of Karunagappally Police Station. They are said to have committed the offence under Sections 55(a) &(i) of the Kerala Abkari Act. The prosecution case is that they were found transporting 9 litres of Indian Made Foreign Liquor. The liquor was intended for sale. 3.

Heard.

4.

The petitioners have been custody since 10.07.2015. They are not involved in any other case. Their further detention is not necessary for completion of the investigation. In the result, this application is allowed.

1)The petitioners will be released on bail on their executing a bond for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2)The petitioners shall appear before the investigating officer between 10 a.m and 11 a.m. every

B.A.No. 4674 of 2015 -: 2 :- Wednesday and Saturday for three months, or till the final report is filed, whichever is earlier. 3)They shall surrender their passport before the lower court concerned or if they do not have one, they shall file affidavits to that effect within five days of their release.

4)They shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be.

5)They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.

6)They shall not enter Karunagapally Taluk till 03.09.2015, except for complying with the direction in this order.

7)They shall co-operate with investigation of the case. 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 DST //True copy// P.A. To Judge