High Court Kerala High Court

Sinudheen vs State Of Kerala on 28 August, 2006

Kerala High Court
Sinudheen vs State Of Kerala on 28 August, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5142 of 2006()


1. SINUDHEEN, S/O.MOHAMMED IRBAHIM,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE EXCISE INSPECTOR,

                For Petitioner  :SRI.C.S.MANILAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :28/08/2006

 O R D E R
                           J.M.JAMES, J.

                              --------------

                          B.A. 5142/2006

                            ------------------

    DATED THIS THE 28TH DAY OF AUGUST, 2006




                              O R D E R

The petitioner was found in illegal possession of

ten liters of illicit arrack, by the Inspector of Excise Range,

Peermade, who registered C.R.No.21/2006 of that Excise

Range, under Section 8(1) & (2) of the Abkari Act. He

remains in judicial custody. Hence this application, under

Section 439 Cr.P.C.

2. The learned Public Prosecutor submitted that

the petitioner is a resident of Kalluvathukkal, which is

known recently by the illicit distillation and sale of arrack.

But he came to Peermade for the purpose of selling illicit

arrack.

3. The learned counsel for the petitioner, on the

other hand, submitted that the petitioner went there to

meet his friend, one Kamaludeen, and his brother is also

permanently residing in Peermade. The learned Public

Prosecutor submitted that the petitioner is not having a

permanent residence, in and around Peermade.

B.A.5142/2006

2

4. Considering the facts on record and the

duration of the judicial detention, I grant bail and release

the petitioner from jail, subject to the following

conditions:-

(a). The petitioner shall execute a bond

for Rs.25,000/-, with two solvent sureties,

each for the like sum, to the satisfaction of

the Judicial Magistrate of First Class-I,

Peermade.

(b). The petitioner shall report before the

Investigating Officer, once in a week, on

every Friday, between 10.00 a.m and

11.00 a.m., for a period of three months,

starting from 1.9.2006.

(c). The petitioner shall not leave the

limit of Peermade Excise Range, for the

above period of three months.

(d). The petitioner shall furnish his

address, where he would reside during

the period of bail, to the Investigating

Officer.

B.A.5142/2006

3

5. While releasing the petitioner, the learned

Magistrate in order to ensure that the petitioner shall be

available during the trial, cautiously scrutinise the

documents, produced by the sureties, and satisfy

himself. In case of any doubt, the Magistrate shall

conduct an enquiry about the documents produced.

The application is allowed as above.

J.M.JAMES

JUDGE

mrcs