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High Court of KeralaBail Appl./5433/2015allowed

Subash v. State Of Kerala

2015-09-254 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Bail Appl..No. 5433 of 2015 ------------------------------------- CRIME NO. 1524/2015 OF KUNNAMKULAM POLICE STATION, THRISSUR ------------------------ PETITIONER(S)/ACCUSED:

-------------------------------------- SUBASH, AGED 36 YEARS, S/O.RADHAKRISHNAN, PULIKKATHARA HOUSE, KATTAKAMBAL VILLAGE, KATTAKAMBAL DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT.

BY ADV. SRI.SUMODH MADHAVAN NAIR RESPONDENT(S)/COMPLAINANT/STATE:

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

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

B.SUDHEENDRA KUMAR, J.

------------------------------------------------ ------------------------------------------------- Dated this the 25th day of September, 2015

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioner is the accused in Crime No.1524 of 2015 of Kunnamkulam Police Station registered under Sections 55(a) & (i) of the Abkari Act, on the allegation that on 17.08.2015 at about 03.00 p.m., the petitioner was found in possession of 3 liters of Indian Made Foreign Liquor for the purpose of sale in contravention of the provisions of the Abkari Act. The petitioner was arrested from the spot and ever since, he has been in custody. 3.

Heard.

4.

The learned Public Prosecutor has no serious objection in granting bail to the petitioner. It has been submitted by the learned Public Prosecutor that the major part of the investigation as regards the petitioner is almost complete.

5.

Considering the facts and circumstances of the case, including the fact that the contraband seized is Indian Made Foreign Liquor, I am inclined to grant bail to the petitioner.

In the result, this petition stands allowed and the petitioner shall be enlarged on bail on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Court of the Judicial Magistrate of First Class-I, Kunnamkulam and subject to the following further conditions:

(a) The petitioner shall report before the Investigating Officer on every Monday between 09.00 a.m and 11.00 a.m. for a period of three months or until the filing of the final report, whichever is earlier.

(b) The petitioner shall report before the Investigating Officer as and when required in writing to do so.

(c) The petitioner shall not get involved in any offence while on bail.

Sd/- B.SUDHEENDRA KUMAR, JUDGE.

AS /True Copy/ P.A. to Judge