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High Court of KeralaBail Appl./6550/2015allowed

Noushad v. State Of Kerala

2015-10-26Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937Q Bail Appl..No. 6550 of 2015 () ------------------------------- CRIME NO. 2947/2015 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT ------------------------------ PETITIONER/ACCUSED:

------------------------------------- NOUSHAD, AGED 34 YEARS, S/O.JAMALUDEEN KUNJU, ANEESH MANZIL, KOCHALUMMOD JUNCTION, ADINAD THEKKU MURI, ADINAD VILLAGE, FROM SABEELA MANZIL, MULLAKKERI MURIYIL, VADAKUMTHALA VILLAGE, MANAYIL P.O., KARUNAGAPPALLY TALUK, KOLLAM DISTRICT BY ADV. SRI.P.V.DILEEP RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6550 of 2015 -------------------------------------- Dated this the 26th day of October, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.2947 of 2015 of Karunagappally Police Station registered for offences punishable under Sections 55(a) and (i) of the Abkari Act.

3.

On 05.10.2015 at 8.30p.m. the petitioner was arrested for allegedly selling Indian Made Foreign Liquor against the provisions of the Abkari Act. It is alleged that ten litres of liquor and cash were recovered from the possession of the accused. Prosecution registered a case under Sections 55(a) and (i) of the Abkari Act.

4.

Heard both sides.

5.

Prosecution has no case that he is involved in other offences of a similar nature.

Considering the stage of investigation, bail is granted to the petitioner with the following conditions:

i.

Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each

BA No.6550 of 2015 for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

ii.

The sureties shall produce documents to establish their identity and solvency.

iii.

The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.

iv.

The petitioner shall not indulge in any offence while on bail.

v.

The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner. If any of the above conditions is breached by the petitioner, the lower court concerned is free to cancel bail without referring the matter to this Court.

Sd/- A. HARIPRASAD, JUDGE.

//True copy// P.S to Judge cks